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MATTER OF AGNEW

11 Misc.2d 1006 (1957)

In the Matter of the Construction of the Will of William C. Agnew, Deceased.

Surrogate's Court, New York County.

October 18, 1957.

Attorney(s) appearing for the Case

Andrew Y. Rogers, Peter M. Ward and Walter S. Mather for Guaranty Trust Company, as executor, petitioner.

William Parsons and Robert Bruce Orr for James C. Agnew, respondent.

Frank M. Foley, special guardian for James C. Agnew III and others, infants, respondent.

S. SAMUEL DI FALCO, S.

This is a proceeding to construe the will. Under paragraph III thereof testator gave his residuary estate in equal shares to four nephews, subject to the provisions of paragraph IV which provides:

"In the event my nephew James Carson Agnew shall, at the time of my decease, be married to his present wife, Elizabeth Wurst Agnew, then the share of my estate which, under any provision...

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