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MATTER OF MORSE

280 A.D. 171 (1952)

In the Matter of the Construction of The Will of Henry W. Morse, Deceased. May W. Morse, Appellant; Lincoln Rochester Trust Company, as Executor and Trustee under The Will of Henry W. Morse, Deceased, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 7, 1952.

Attorney(s) appearing for the Case

Frederick Wiedman and Frederick Wiedman, Jr., for appellant.

Henry J. Martens for Lincoln Rochester Trust Company, as executor and trustee, respondent.

Ray F. Fowler, as special guardian for Nancy Morse, an infant, respondent.

All concur. Present — TAYLOR, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.

WHEELER, J.

This appeal involves the judicial construction of the will of Henry W. Morse, deceased, which was admitted to probate shortly after the death of decedent on April 27, 1949. The proceeding was instituted by the widow, May Wilson Morse, who contends that under the will she was given the sole right to determine the amount of the principal trust funds which should be given to her for her support and maintenance...

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