MATTER OF MILLER


201 Misc. 279 (1951)

In the Matter of the Construction of The Will of Catherine R. Miller, Deceased.

Surrogate's Court, Monroe County.

October 8, 1951.


Attorney(s) appearing for the Case

Joseph H. Corcoran for Union Trust Company of Rochester and others, as executors of Catherine R. Miller, deceased, petitioners.

Robert H. Antell for People's Rescue Mission of Rochester, respondent.


WITMER, S.

Construction is sought herein of the effect of a provision in the second codicil which revokes three residuary legacies contained in the original will, but which fails to mention the first codicil in which two of said three residuary legacies had previously been revoked and wherein the testatrix had substituted in lieu thereof general legacies of $1,000 each. The will was made on May 21, 1942, the first codicil on August 7, 1948, and the second...

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