MATTER OF THORNE


200 Misc. 30 (1951)

In the Matter of the Construction of The Will of Lydia W. Thorne, Deceased. In the Matter of the Construction of The Will of Grace D. Thorne, Deceased.

Surrogate's Court, Westchester County.

January 5, 1951.


Attorney(s) appearing for the Case

Aaron Simmons, Corporation Counsel (John A. Bodmer of counsel), for City of New Rochelle, petitioner.

Harry B. Kurzrok for Phil Brinn and others, interveners, respondents.

Nathaniel L. Goldstein, Attorney-General (P. Hodges Combier of counsel), respondent, in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law.


GRIFFITHS, S.

The wills of Lydia W. Thorne, and Grace D. Thorne, sisters, residents of this county, contain identical provisions with respect to the subject matter of this proceeding. The will of Lydia W. Thorne is dated April 14, 1915, and she died October 21, 1916. The will of Grace D. Thorne is dated November 22, 1916, and she died September 28, 1919.

Each of said testatrices died seized of an undivided...

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