MATTER OF FORDE


201 Misc. 198 (1951)

In the Matter of the Accounting of Henry F. Dolan, as Executor of Margaret Forde, Deceased.

Surrogate's Court, Kings County.

November 7, 1951.


Attorney(s) appearing for the Case

John F. Middlemiss for executor, petitioner.

Michael J. Adler for Anna McNamara, objectant.

Joseph E. Keenan for Elizabeth M. Cassidy, respondent.


RUBENSTEIN, S.

Testatrix bequeathed her residuary estate to five named cousins "in equal shares, share and share alike." Two of them predeceased the testatrix and the three survivors claim they are entitled to take as a class and not as tenants in common. It is alleged that the five were brothers and sisters. The testatrix also by separate provisions bequeathed the sum total of $4,500 to six other cousins and...

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