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MATTER OF WINFIELD

11 Misc.2d 149 (1958)

In the Matter of The Estate of Maude G. Winfield, Deceased.

Surrogate's Court, New York County.

February 5, 1958.

Attorney(s) appearing for the Case

Norman C. Nicholson for Chemical Corn Exchange Bank, executor, petitioner.

S. SAMUEL DI FALCO, S.

In this proceeding for the settlement of the executor's account, construction of article Fourth of the will is required to determine whether a legacy had adeemed. The text of that portion of the will, so far as here material, follows:

"Fourth: I give and bequeath my tangible personal property as follows; the gift in each instance being conditioned upon the legatee's surviving me:

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