MATTER OF BURTON


17 Misc.2d 948 (1959)

In the Matter of the Construction of the Will of Mary Burton, Deceased.

Surrogate's Court, New York County.

May 18, 1959.


Attorney(s) appearing for the Case

Gillespie & O'Connor (John A. Hoyt, Jr., of counsel), for Anna Terrell, individually, petitioner.

George B. Fargis for Anna Terrell, as executrix, respondent.

S. Hazard Gillespie, United States Attorney (Robert J. Ward of counsel), for United States Naval Hospital of St. Albans, New York, respondent.

Louis J. Lefkowitz, Attorney-General (Julius Greenfield of counsel), for ultimate and indefinite charitable beneficiaries, respondent.


JOSEPH A. COX, S.

This application is brought for construction of the fifth paragraph of the decedent's will which reads as follows: "FIFTH. All the rest, residue and remainder of my estate of whatsoever kind and nature and wheresoever situate, I give and bequeath unto my executrix hereinafter named, requesting her to distribute the same either in cash or in kind as she alone may deem advisable and proper for...

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