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MATTER OF VAN WYCK

205 Misc. 91 (1953)

In the Matter of the Construction of The Will of Robert A. Van Wyck, Deceased.

Surrogate's Court, New York County.

November 9, 1953.

Attorney(s) appearing for the Case

John Patrick Walsh, as executor of Leila G. Osborne, deceased, petitioner in person.

Guggenheimer & Untermyer for Paul H. Van Wyck, respondent.

Leonard H. Kaplan for Grace Van W. Tang, respondent.

Solomon E. Star, special guardian for unknown heirs, next of kin or distributees of Augustus Van Wyck, deceased, respondents.

Carter, Ledyard & Milburn for United States Trust Company, as trustee, respondent.

Thomas F. Twyford for Mary E. Van Wyck, individually and as executrix of William Van Wyck, deceased, respondent.

COLLINS, S.

In this construction proceeding it appears that the testator by paragraph Third of his will gave one half of his estate to his widow and the residue of the other one half to his brother Augustus. He also gave to his brother any legacies that may have lapsed. In paragraph Sixth of the will he provided: "In the case of the death before me of my said brother Augustus, I direct that all legacies and devises...

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