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MATTER OF PRESTON

203 Misc. 985 (1953)

In the Matter of the Construction of The Will of John L. Preston, Deceased.

Surrogate's Court, Orleans County.

March 9, 1953.

Attorney(s) appearing for the Case

Hubert J. Gillette for John C. Preston, petitioner.

Hamilton Doherty, special guardian.

STURGES, S.

John L. Preston died on March 24, 1880, seized of the fee to his farm in the town of Clarendon, Orleans County, New York, leaving his wife Margaret Annie Preston and two children, John C. and George A. Preston, as his only heirs. He left a will dated December 13, 1878, which was probated in Orleans County Surrogate's Court on April 19, 1880. The pertinent paragraphs of said will are as follows:

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