In re Burk's Will

• Decision Date: 21 October 1949
• Citation: 300 N.Y. 498,88 N.E.2d 725
• Parties: In re BURK'S WILL. In re BARRY.
• Court: New York Court of Appeals Court of Appeals

300 N.Y. 498

88 N.E.2d 725

In re BURK'S WILL.

In re BARRY.

Court of Appeals of New York.

Oct. 21, 1949.

On motion for reargument and to amend prior order, 298 N.Y. 450, 84 N.E.2d 631.

Proceeding in the matter of the judicial settlement of the account of proceedings of Anna Marie Barry as substituted testamentary trustee under the will of Albert Burk, deceased, to which Mary E. Wright and others were parties.

A decree of the Orange County Surrogate's Court, 190 Misc. 931, 76 N.Y.S.2d 166, settled the account of the substituted trustee and construed the will so as to hold that Mary E. Wright, sole survivor of the brothers and sisters of the testator's widow, was entitled as ‘nearest of kin’ or ‘next of kin’ to one-eighth of the estate. The Surrogate's decree was modified by the Appellate Division, 273 App.Div. 1012, 79 N.Y.S.2d 437, by striking from the decree certain provisions made for the next of kin of Albert Burk and by substituting therefor a provision that Mary E. Wright as ‘nearest of kin’ was entitled to one-half of the estate, and as modified, affirmed the decree. The order of the Appellate Division was reversed and the Surrogate's decree affirmed, 298 N.Y. 450, 84 N.E.2d 631. On June 3, 1949, motion for reargument was denied but motion to amend remittitur was granted, 299 N.Y. 308, 86 N.E.2d 759.

Motion for reargument denied with $10 costs and necessary printing disbursements to Mary E. Wright, payable out of the estate.Motion to amend order entered June 3, 1949 granted, and order will be amended so as to award $10 costs and necessary printing disbursements to respondent Mary E. Wright, payable out of the estate.