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MATTER OF BREW

7 A.D.2d 364 (1959)

In the Matter of the Construction of The Will of William H. Brew, Deceased. Otto F. Weinert et al., Respondents; Elizabeth More et al., Appellants; Ruth A. Biehler, Intervenor-Respondent

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

March 17, 1959.

Attorney(s) appearing for the Case

Edward W. Stitt, Jr., of counsel (Peter J. Mazola, Jr., with him on the brief; Bannister, Stitt, Holloway & Krause, attorneys), for appellants.

Roger Hinds of counsel (Frank C. Mebane, Jr., with him on the brief; William B. Schrauff, attorney), for respondents.

Jay W. Jacobs of counsel (James B. Burke with him on the brief; Durant G. Thompson, attorney), for intervenor-respondent.

BREITEL, McNALLY and BASTOW, JJ., concur in Per Curiam opinion; BOTEIN, P. J., and VALENTE, J., dissent and vote to affirm.

Per Curiam.

This appeal involves the construction of the testator's will dated December 2, 1955 and admitted to probate by decree entered October 22, 1956. The testator died March 11, 1956 at the age of 79 years. His widow died 41 days thereafter of a cerebral hemorrhage. For several years prior to her death, the testator's widow was ailing and more or less confined to her home. Although named executrix in the testator...

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