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MATTER OF LANE

201 Misc. 1003 (1951)

In the Matter of the Construction of The Will of Foster L. Lane, Deceased.

Surrogate's Court, Wayne County.

August 2, 1951.

Attorney(s) appearing for the Case

Howard E. Marshall, Jr., for Mabel E. Oaks, petitioner.

Robert E. Horton for Board of Supervisors of Seneca County.

Augustus C. Nelson, as executor of Katherine M. Carey, deceased, and as administrator c. t. a. of Foster L. Lane, deceased.

Gleason & Doyle for certain legatees of Katherine M. Carey.

BRASSER, S.

This is a proceeding on the petition of Mabel E. Oaks, a distributee of Foster L. Lane, for a determination as to the validity, construction or effect of the "Fourth" paragraph of testator's will. By cross petition the executor prays for a construction of the "Third" paragraph of testator's will.

The third paragraph is as follows: "I give, devise and bequeath to said Katherine M. Carey of...

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