MATTER OF DUTTON


8 Misc.2d 504 (1946)

In the Matter of the Probate of the Will of Percy B. Dutton, Deceased.

Surrogate's Court, Monroe County.

March 26, 1946.


Attorney(s) appearing for the Case

Edward J. Ryan for Central Trust Co., petitioner.

Joseph L. Humphrey for Frank L. Dutton and another.

Howard W. Franke for Harry B. Hall.

Francis K. Remington for Baptist Home of Monroe County.

J. Sawyer Fitch and Vilas M. Swan for First Baptist Church of Rochester and another.


G. ROBERT WITMER, S.

In its petition for the probate of the will herein the executor and trustee named therein pray for a construction of the will. No objection was made to the probate, which was granted; and Frank L. Dutton, Belle Dutton, his wife, and Harry B. Hall, life tenants under the will, have joined with the executor-trustee in its request for a construction.

By paragraph 2 of the will the testator...

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