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MATTER OF DI DIA

19 Misc.2d 209 (1959)

In the Matter of the Accounting of Frank P. Giaramita, as Executor of Giacomina Di Dia, Deceased.

Surrogate's Court, Kings County.

August 12, 1959.

Attorney(s) appearing for the Case

Frank P. Giaramita for petitioner.

Fink & Pavia for Antonio Di Dia.

MAXIMILIAN MOSS, S.

In this executor's accounting a construction is sought of article "Eighth" of the will and declaring the legacies provided therein abated in favor of the alternative legatee.

By the terms of said article one half of the residuary is bequeathed to each of the two named legatees in trust "to be paid over to them at such time as they emigrate to the United States to become residents...

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