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MATTER OF DEVITT

12 Misc.2d 168 (1958)

In the Matter of the Probate of the Will of Sara C. Devitt, Deceased.

Surrogate's Court, Queens County.

March 13, 1958.

Attorney(s) appearing for the Case

Lowenstein, Pitcher, Spence, Hotchkiss, Amann & Parr for Chemical Corn Exchange Bank, petitioner.

Gerald P. McPhillips for Rev. Daniel R. Burns and another.

Louis J. Lefkowitz, Attorney-General, for State of New York.

Henry E. Coleman for Ara Richardson, objectant.

John Patrick Walsh for Catherine D. Walsh.

Benjamin Paul Goldman for Gerda Heilbrun.

Maurice J. Giaimo, special guardian for George W. Belsey, III, and others, infants.

Charles H. Tobin, Jr., for Albany Diocese Missions.

Davies, Hardy & Schenck for William Heilbrun.

Mudge, Stern, Baldwin & Todd for Servants of Relief for Incurable Cancer.

ANTHONY P. SAVARESE, S.

In this probate proceeding petitioner seeks a construction as to the validity and effect of certain provisions of the will of Sara C. Devitt.

By article THIRD of the will testatrix made a bequest of her diamond wrist watch to her sister. She later revoked the bequest by the terms of a codicil and made no further disposition of the watch. Under these circumstances, the diamond...

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