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MATTER OF ROMEAS

200 Misc. 200 (1951)

In the Matter of the Accounting of Daniel Arvan, as Executor of Louise A. Romeas, Deceased.

Surrogate's Court, New York County.

May 24, 1951.

Attorney(s) appearing for the Case

Daniel Arvan, as executor, petitioner in person.

Abraham J. Gellinoff, special guardian for Jacqueline R. Want, an infant, respondent.

COLLINS, S.

The necessity for construction of the will in this proceeding for the settlement of the account of the executor arises because of the fact that the testatrix made the mistake of twice disposing of her residuary estate, each time to a different legatee. Provision for the conflicting gifts is contained in paragraphs fourth and seventh of the will which follow:

"Fourth: I hereby bequeath and...

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