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MATTER OF ARNOLD

4 Misc.2d 970 (1956)

In the Matter of the Construction of the Will of Frank F. Arnold, Deceased.

Surrogate's Court, New York County.

October 30, 1956.

Attorney(s) appearing for the Case

Donald T. Mullane and Henry & J. R. Wendt for petitioner.

Louis M. Loeb, Woodson Scott and Genevieve Lam for New York Times Company and another, respondents.

Harold G. Aron and Alexander Chananau for Ada G. Dolan, respondent.

George W. Herz for John C. Glenn, Public Administrator of Queens County, as administrator of estate of Conrad Kestel, deceased, respondent.

Joseph T. Arenson and W. J. Dittmar for Public Administrator of New York County, as administrator of estate of Reginald Graham, deceased, respondent.

Edward Edelman, special guardian for unknown distributees, infants and incompetents, respondent.

Jacob K. Javits, Attorney-General (P. Hodges Combier of counsel), respondent, in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law.

WILLIAM T. COLLINS, S.

The present controversy arises from a challenge by a distributee to the capacity of the legatee to take the gift under paragraph nineteenth of the will. The accounting executor asks the court to construe this paragraph.

It would be difficult to express the intent and purpose of the testator in language more clear or more emphatic than that used by him. His will says: "All the rest...

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