Probate Lawyers said that according to a Kings County Estate Attorney a Judgment of the Supreme Court, Kings County, dated July 6, 1966, was reversed, with $30 costs and disbursements; plaintiffs’ motion for summary judgment granted; and action remanded to the Special Term for the making and entry of an appropriate judgment declaring rights in accordance with the views set forth herein.
A Kings County Probate Lawyer said one Mrs. M died on December 1, 1934 and her last will and testament was duly admitted to probate. The critical provision of the will, with respect to this action for a declaratory judgment, devised her large plot in Greenwood Cemetery to defendant, the Cemetery corporation, with the direction that her remains and those of her late husband be interred there; and further that ‘until the limitation of interments is reached, the remains of my children and my stepchildren and their respective husbands or wives, and their children and their respective husbands or wives, may be interred in the said lot of land, and that interments in the said lot be restricted to the persons so designated.’
A New York Estate Lawyer said that according to a Kings County Estate Lawyer, the Plaintiffs seek to include in the class entitled to burial all descendants and step-descendants and their respective spouses ‘until the limitation of interments is reached.’ Defendant argues that the will limits the class to first and second generation descendants and step-descendants and their respective spouses.