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MATTER OF DODGE

11 Misc.2d 307 (1958)

In the Matter of the Construction of the Will of Emily S. Dodge, Deceased.

Surrogate's Court, New York County.

February 28, 1958.

Attorney(s) appearing for the Case

Robert A. Hendrickson, Jr., for Manufacturers Trust Company, as trustee, petitioner.

Joseph V. Iaricci, respondent in person, and Vincent L. Pitaro for Joseph V. Iaricci and others, respondents.

Harry I. Stein for Emilie S. Dodd, respondent.

Samuel M. Miller for Charlotte Yott, respondent.

Salvatore M. Parisi for Eugene J. Erny, individually and as executor of Cleveland C. Yott, deceased, respondent.

JOSEPH A. COX, S.

The thirteenth article of the decedent's will created a trust of one fifth of her residuary estate for the benefit of her nephew Cleveland C. Yott. The testatrix directed that upon the death of her nephew the trust principal be paid to such persons and in such proportions as he might direct by his will. The nephew survived the testatrix and died testate. His will, admitted to probate in Queens...

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