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MATTER OF BOEHM

198 Misc. 994 (1951)

In the Matter of the Construction of The Will of Rita B. Boehm, Deceased.

Surrogate's Court, Erie County.

January 16, 1951.

Attorney(s) appearing for the Case

Abraham Roth for Rita B. Duggan, petitioner.

Samuel Sapowitch, in person, as administrator of the estate of Rita B. Boehm, deceased.

William R. Brennan for Walter A. Boehm, Sr.

BUSCAGLIA, S.

This construction proceeding was brought on by a show cause order obtained by one of the residuary legatees.

The pertinent provisions of the testatrix' will are as follows:

"Seventh: I declare that only Two thousand ninety-one dollars ($2091.00) of the account in The Marine Trust Company is mine and that the balance is my husband's. My portion of said account shall become part of my estate, and to the extent not needed for...

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