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MATTER OF BRACALELLO

7 A.D.2d 1022 (1959)

In the Matter of the Construction of The Will of Dominic A. Bracalello, Deceased. Ann Briante et al., Appellants; County Trust Company, as Coexecutor of Dominic A. Bracalello, Deceased, et al., Respondents

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

March 23, 1959

Decree reversed, with costs to all parties filing separate briefs, payable out of the estate, and proceeding remitted to the Surrogate's Court to take proof as to the intention of the testator as to the scope of paragraph "Third".

In our opinion, these two instruments might properly be construed as "practically simultaneous" (Cooke v. Cooke, 2 A.D.2d 128, 135). The intent of the testator is the dominant factor to be developed...

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