MATTER OF AMES


207 Misc. 746 (1955)

In the Matter of the Construction of The Will of Mayer S. Ames, Deceased.

Surrogate's Court, New York County.

February 8, 1955.


Attorney(s) appearing for the Case

Jesse Climenko for Blanche S. Ames and another, as surviving trustees under the will of Mayer S. Ames, deceased, petitioners, for motion.

Vincent R. Fitz Patrick, special guardian for Paul S. Ames, Jr., and others, infants, for motion.

Hyman R. Friedman for Raquek T. Ames, opposed.

Alexander I. Rorke, special guardian for Blanca S. Ames, an infant, opposed.


COLLINS, S.

This is a motion to strike out interrogatories noticed for settlement on an application for the issuance of a commission in a proceeding to construe the will. The question at bar concerns the right of an adopted child as issue of a deceased son of the testator to share in a gift of the remainder of the residuary trust.

The testator left the residue of his estate in trust for his wife for life...

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