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MATTER OF SMITH

1 Misc.2d 451 (1955)

In the Matter of the Probate of the Will of Charles W. Smith, Deceased.

Surrogate's Court, Richmond County.

November 21, 1955.

Attorney(s) appearing for the Case

David R. J. Arnold for Frances M. Smith, proponent.

John J. Turvey, special guardian.

BOYLAN, S.

In this probate proceeding, the Special Guardian has submitted a report setting forth that his ward is entitled to her intestate share as an after-born child. The executrix contends that the testator made a "settlement" for all of his children including the after-born child.

Charles W. Smith died on January 10, 1955, leaving a last will and testament dated May 20, 1941, by which he left his...

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