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MATTER OF KENT

20 Misc.2d 923 (1959)

In the Matter of the Construction of the Will of Delphia C. Kent, Deceased.

Surrogate's Court, Broome County.

August 13, 1959.

Attorney(s) appearing for the Case

Meagher, Eisenhart & Madigan (Jefferson F. Meagher of counsel), for H. Gordon Kent, individually and as executor of Delphia C. Kent, deceased, petitioner.

Pearis, Resseguie & Hogan (Samuel H. Pearis of counsel), for Louise H. Kent and others, respondents.

Twining & Fischer (William F. Fischer of counsel), for Robert Kent, respondent.

Hinman, Howard & Kattell (John M. Keane and C. Addison Keeler, Jr., of counsel), for Beatrice K. Austin and others, respondents.

Harry S. Travis, as special guardian for Alvin S. Culver, an alleged incompetent person, respondent.

Pope & Ballard (Harry S. Travis of counsel), for Howard F. Culver and others, respondents.

FRANCIS V. V. LEARY, S.

This is an application for construction of paragraph FIFTEENTH of the last will and testament of Delphia Culver Kent, deceased, dated May 4, 1955, and which was admitted to probate in the Surrogate's Court of Broome County on September 28, 1955.

The office of the court in any proceeding for testamentary construction is twofold, as was pointed out in Matter of Costello ...

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