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MATTER OF DWYER

18 Misc.2d 135 (1958)

In the Matter of the Construction of the Will of Philip J. Dwyer, Deceased.

Surrogate's Court, New York County.

December 24, 1958.

Attorney(s) appearing for the Case

Cullen & Dykman (J. K. Ryan of counsel), for Manufacturers Trust Company, petitioner.

James G. Purdy for Ann Loeffler, as administratrix of the estate of Samuel Wisnock, deceased, respondent.

Joseph F. Ruggieri and Samuel Wagner for Lillian L. Bergen, individually and as executrix of John H. Bergen, deceased, respondent.

Halleron & O'Brien (John J. Halleron, Jr., of counsel), for Doris D. Taylor, respondent.

Soons & Soons (Sydney G. Soons and Rufus Van Aken of counsel), for Hartford National Bank & Trust Company, as administrator c.t.a., d.b.n. and trustee under will of Marie C. (Norton) Franchetti, deceased, and for Charles F. Norton, respondent.

Benedict & Hurry (Logan Fulrath and Williston Benedict of counsel), for Isla D. Mitchell, respondent.

Thomas J. Rizzo, special guardian for Martin McGraw and others, respondent.

S. SAMUEL DI FALCO, S.

The court is asked to construe the will of the testator in respect of the distribution of the fund held for the life of Charles F. Dwyer and the fund held for the primary life use of Camille D. Bergen and the secondary life use of Charles F. Dwyer.

(1) The court rules that the separate fund held only for the life of Charles is to be divided equally among his two children, Charles...

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