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MATTER OF FRICKEY

198 Misc. 716 (1950)

In the Matter of the Construction of The Will of Charles R. Frickey, Deceased.

Surrogate's Court, Monroe County.

April 24, 1950.

Attorney(s) appearing for the Case

J. Allan Willis and Thurston Corbett for Lincoln Rochester Trust Company, as executor of Charles R. Frickey, deceased, petitioner.

Ralph H. Culley for First Church of Christ, Scientist, of Boston, Mass., and others, respondents.

Eva Gurnee for First Church of Christ, Scientist, Rochester, N. Y., respondent.

Laurence Tellier for Third Church of Christ, Scientist, Rochester, N. Y., respondent.

John E. Morrissey, Jr., and Thomas E. Johnson for Berrian Frickey and others, respondents.

Jacob H. Herzog and Thomas E. Johnson for Belle Frickey and others, respondents.

Robert G. Hauser for Anna L. Nellis, respondent.

Nathaniel L. Goldstein, Attorney-General (Philetus M. Chamberlain of counsel), in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law.

WITMER, S.

In this proceeding for construction of testator's will it appears that all legatees and distributees have been duly cited, and all have appeared herein except one distributee, Harold J. Wagner. It appears from a compromise agreement and the supporting proceedings under which the will was admitted to probate that although all distributees were cited upon the probate proceedings, two of them, to wit...

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