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MATTER OF O'BYRNE

205 Misc. 970 (1954)

In the Matter of the Construction of The Will of Francis P. O'Byrne, Deceased.

Surrogate's Court, Kings County.

February 25, 1954.

Attorney(s) appearing for the Case

Grace & Grace for Ida Quinn, petitioner.

Charles G. Coster for Edmund B. Farrelly, as executor of Francis P. O'Byrne, deceased.

RUBENSTEIN, S.

Testator conditionally devised a parcel of realty to the tenant thereof, imposing upon her the obligation to "assume and agree to pay the principal and interest of the mortgage now on said premises and also shall agree to cancel any debts owed by me to her at the date of my death, and shall likewise pay any simple debts owed by me at the time of my death." The devisee and executor cannot agree...

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