MATTER OF MERCER


207 Misc. 346 (1955)

In the Matter of the Probate of The Will of Henry D. Mercer, Deceased.

Surrogate's Court, New York County.

February 4, 1955.


Attorney(s) appearing for the Case

Lawrence E. Brinn and Peter F. De Gaetano for Paul W. Havener, proponent.

John M. Foley, Saul D. Kassow and Albert A. Blinder for Albert Mercer, contestant.

Saul S. Meyers and Irving Jacobson for William Mercer and another, contestants.


FRANKENTHALER, S.

On January 23, 1951, decedent executed an instrument, in the form of a will, which had been prepared for him by his attorney. This instrument directed that decedent's estate be divided into five equal parts and bequeathed equal shares to a sister, two brothers and a nephew and the fifth share in trust for the benefit of another sister. Following the execution of this instrument it was retained...

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