MATTER OF LEONARD


6 Misc.2d 157 (1957)

In the Matter of the Construction of the Will of Mae G. Leonard, Deceased.

Surrogate's Court, Kings County.

January 29, 1957.


Attorney(s) appearing for the Case

Philip G. Reilly for petitioner.

Bastible, Elmer & Whalen for Arthur J. Leonard, a distributee.

George B. Fargis for St. Joseph's Home for the Blind, Sisters of St. Joseph of Newark.

Wilke, Owen, Farr, Gallagher & Walton for Church of St. Francis of Assisi.


MAXIMILIAN MOSS, S.

The petitioner, the executor named in the testatrix' will, seeks a determination of the validity, construction and effect of various provisions contained therein.

The dispositive provisions of the will are in the testatrix' handwriting on a printed "will" form. By the provision designated "First," the nominated executor was given the liberty to distribute to testatrix' brother "if...

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