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MATTER OF TIMMS

203 Misc. 792 (1952)

In the Matter of the Accounting of Elizabeth Wynne et al., as Executrices of Elizabeth Timms, Deceased.

Surrogate's Court, Kings County.

October 14, 1952.

Attorney(s) appearing for the Case

Overend & Vogel for executrices, petitioners.

Liflander & Levin for Service Institute, Inc., judgment creditor and assignee of devisee and legatee.

Nathaniel L. Goldstein, Attorney-General (Flavius N. Costerella of counsel), for Little Flower of Providence, a charitable trust.

Francis M. Walsh, special guardian for Elizabeth Wynne, an infant.

Jancourtz & Goldman for South Brooklyn Casket Co., Inc., judgment creditor of devisee and legatee.

Daniel J. McMonagle for Anna M. Henar.

Martin L. Stein for Manufacturers Trust Co., judgment creditor of devisee and legatee.

RUBENSTEIN, S.

The accounting executrices request the court to construe certain provisions of testatrix' will and determine conflicting claims to the share of one of the residuary devisees and legatees of the estate. The will is dated June 17, 1949, and testatrix died on January 2, 1950.

The court has considered the issues and reached the following conclusions.

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