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MATTER OF MILLER

6 Misc.2d 711 (1957)

In the Matter of the Accounting of Charles J. Miller, as Executor of Henry Miller, Deceased.

Surrogate's Court, Dutchess County.

May 14, 1957.

Attorney(s) appearing for the Case

John J. Gartland, Jr., for executor.

James F. Sheridan for Anna A. Miller and others.

Thomas J. Doughty for Roberta C. Miller, as administratrix of John R. Miller, deceased.

O'Donoghue & O'Donoghue for Angela M. Kieley and another.

W. VINCENT GRADY, S.

The executor herein, on his final accounting, seeks a construction of paragraph numbered "THIRD" of decedent's last will and testament.

All the rest, residue and remainder of my estate both real and personal wheresoever situate, I give, devise and bequeath as follows: (a) one-tenth thereof to my brother John Miller, of Beacon, New York, but in the event that my said brother shall have predeceased me then, and in...

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