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MATTER OF DICKINSON

10 Misc.2d 274 (1957)

In the Matter of the Construction of the Will of Elizabeth S. Dickinson, Deceased.

Surrogate's Court, New York County.

August 15, 1957.

Attorney(s) appearing for the Case

Hill, Betts & Nash for Edgar M. Church, as executor, petitioner.

White & Case for Edgar M. Church, individually, respondent.

Jillson & Jillson for Leon R. Jillson, respondent.

Diamond & Elkind for Philip S. Graham and another, respondents.

Hamilton, Hastings & Garrick for Frances M. Dickinson and others, respondents.

Louis Goldstein for Ann D. Parrish, respondent.

William Rakoff, special guardian for Alan S. Church and others, infants, respondents.

Michael W. La Penna, special guardian for Lucinda Dickinson, and others, infants, respondents.

S. SAMUEL DI FALCO, S.

The first of the series of questions submitted for determination in this proceeding for construction of the will involves the interpretation of its article Sixteenth in which the testatrix disposed of her residuary estate "to such of my nephews and nieces who may survive me and to the lawful issue of every nephew or niece who may have died before

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