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MATTER OF CARLIN

6 A.D.2d 281 (1958)

In the Matter of Construction of The Will of Sarah M. Carlin, Deceased. Roy Long et al., Appellants; Walter T. Carlin, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 10, 1958.

Attorney(s) appearing for the Case

William J. Person for appellants.

J. Milford Newman (John G. Putnam, Jr., and Albert R. Mugel of counsel), for respondent.

Present — McCURN, P. J., KIMBALL, WILLIAMS, BASTOW and HALPERN, JJ.

HALPERN, J.

This is an appeal from a decree of the Surrogate's Court of Genesee County in a will construction proceeding which held that the surviving husband of the testatrix, Sarah M. Carlin, "is the sole distributee of Sarah M. Carlin, deceased, and thereby entitled not only to the life use of the entire property of said deceased, but also to the gift and bequest of the remainder interest as well".

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