Becker's Estate, In re

• Decision Date: 13 May 1966
• Citation: 50 Misc.2d 308,270 N.Y.S.2d 307
• Parties: In re BECKER'S ESTATE (two cases). Application of Melba Minnie ZUCKER and Daniel Zucker ad Executors of the Estate of Hyman Becker, Deceased, for a determination as to the validity or effect of an election by Sonia Becker to take an intestate share against the provisions of the Last Will and Testament of said deceased, and for a determination as to the validity, construction and effect of disposition of property contained in said Last Will and Testament. Application of Melba Minnie ZUCKER and Daniel Zucker as Executors of the Estate of Hyman Becker, Deceased, for compromise of controversy pursuant to Section 19 of the Decedent Estate Law. Surrogate's Court, Kings County
• Court: New York Surrogate Court

Page 307

270 N.Y.S.2d 307

50 Misc.2d 308

In re BECKER'S ESTATE (two cases).

Application of Melba Minnie ZUCKER and Daniel Zucker ad

Executors of the Estate of Hyman Becker, Deceased, for a

determination as to the validity or effect of an election by

Sonia Becker to take an intestate share against the

provisions of the Last Will and Testament of said deceased,

and for a determination as to the validity, construction and

effect of disposition of property contained in said Last

Will and Testament.

Application of Melba Minnie ZUCKER and Daniel Zucker as

Executors of the Estate of Hyman Becker, Deceased,

for compromise of controversy pursuant

to Section 19 of the Decedent

Estate Law.

Surrogate's Court, Kings County.

May 13, 1966.

Schwartz & Frohlich, New York City, for executors and trustees, petitioners.

Myron Goldman, New York City, for widow, respondent.

Theodore D. Ostrow, Brooklyn, Special Guardian for remaindermen, respondents.

EDWARD S. SILVER, Surrogate.

In a prior proceeding the Court construed various provisions of testator's will and determined that the widow's notice of election to take against the will was invalid (47 Misc.2d 443, 263 N.Y.S.2d 22). Pending determination of her appeal from the decree entered thereon the parties entered into an agreement, entitled Stipulation and Release dated March 24, 1966 and amended April 28, 1966, withdrawing said appeal upon certain conditions including one that the agreement was to be null and void unless an order of this Court was obtained by a fixed date approving same in all respects.

The fundamental provision in the agreement is the proposed elimination of the widow's trust of one-third of the residuary estate with income to her for life and remainder to testator's daughter or, if she predeceases the life beneficiary, to her issue. In lieu thereof the widow would receive under the agreement a cash payment of a specified amount approximating half of the trust principal, subject to certain adjustments, and the balance of the trust principal would be added to the two-thirds residuary trust for the benefit of the daughter and her issue.

The executors and trustees have petitioned the Court for approval of the proposed compromise agreement duly executed by all the parties and their attorneys, pursuant to section 19 of Decedent Estate Law. The special guardian for the infant remaindermen in his supplemental report recommends approval. There is no opposition nor any memorandum to support the...