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MATTER OF DUNCAN

5 Misc.2d 892 (1956)

In the Matter of the Construction of the Will of John P. Duncan, Deceased.

Surrogate's Court, New York County.

December 31, 1956.

Attorney(s) appearing for the Case

Peter H. Kaminer and John B. Jessup, as trustee under the will of John P. Duncan, deceased, petitioner.

Langdon Van Norden, respondent in person, and for Jeanie Van Norden and others, respondents.

William L. Richman, special guardian for Alice D. Van Norden and other infants, respondent.

GEORGE FRANKENTHALER, S.

The petitioning trustee requests a construction of the testamentary language to determine whether the principal is distributable per stirpes, to the secondary life beneficiary's four surviving children, or per capita, to those four plus the three children of one of them. Section 47-a of the Decedent Estate Law is inapplicable because the testator died in 1901 and in construing the gift...

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