MATTER OF LAPP


3 A.D.2d 55 (1956)

In the Matter of the Construction of The Will of John S. Lapp, Deceased. Helen R. L. Braunschweiger, Individually and as Executor of John S. Lapp, Deceased, Appellant; Rudolph S. Lapp, as Executor of John S. Lapp, Deceased, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 19, 1956.


Attorney(s) appearing for the Case

William C. Combs for appellant.

William J. Darch and Paul A. Boylan for Rudolph S. Lapp and others, respondents.

Donald M. Donahue, special guardian for Roger D. Lapp and others, infants, respondents.

All concur. Present — VAUGHAN, J. P., KIMBALL, WHEELER, WILLIAMS and BASTOW, JJ.


KIMBALL, J.

The executors of the will of John S. Lapp, deceased, petitioned the Surrogate's Court for a construction of the paragraph numbered "Third" of the testator's will and for a determination as to whether, by the terms of the will, the annual premiums on certain annuity insurance policies are required to be paid out of the residuary estate. The Surrogate has held that such premiums are not a charge upon...

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