MATTER OF PHOENIX


22 Misc.2d 1069 (1959)

In the Matter of the Construction of the Will of George Phoenix, Deceased.

Surrogate's Court, Albany County.

October 19, 1959.


Attorney(s) appearing for the Case

John F. Kelly for petitioners.

J. Willard Frament for Stanley Phoenix, respondent.

John J. Lasch, Jr., as special guardian.


HAROLD E. KOREMAN, S.

The testator herein died on May 22, 1958 leaving a will executed on January 5, 1955. The will was admitted to probate on June 20, 1958 and the named executrices duly qualified.

Paragraph "Third" of the will states that, in the first instance, Stanley Phoenix, a son of testator, be given a three-month option to purchase testator's "homestead" at a price of $6,000. It appears that at the time of his death the testator owned...

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