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MATTER OF MOORE

14 Misc.2d 85 (1958)

In the Matter of the Construction of the Will of Margaret D. Moore, Deceased.

Surrogate's Court, Westchester County.

October 10, 1958.

Attorney(s) appearing for the Case

Forsythe, McGovern & Fetzer for Chemical Corn Exchange Bank, petitioner.

Richard A. Lomuscio for Anthony Mutino, petitioner.

John Sperry for Roseva Nuttall, respondent.

White & Case for Louise McC. Kessinger and others, respondents.

James Dempsey for Rose McCann, respondent.

Schupp & Buckley for Peter Chila and others, respondents.

James C. B. Millard, special guardian for infants, respondents.

John B. Gilleran, special guardian for incompetent respondents.

JOHN J. DILLON, S.

In a previous decision in this proceeding (13 Misc.2d 640), the court reserved the determination of one of the questions presented for construction pending the taking of factual proof, without which the question could not be resolved. The evidence available on the subject has since been presented.

The problem has its origin in articles "TWENTY-NINTH" and "THIRTIETH" of the will, which...

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