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MATTER OF SHEPS

22 Misc.2d 1092 (1960)

In the Matter of The Estate of Janet T. Sheps, Deceased.

Surrogate's Court, New York County.

March 3, 1960.

Attorney(s) appearing for the Case

Angulo, Cooney, Marsh & Ouchterloney for Harriet Clarke, as executrix, petitioner.

Charles Clark Austin for Sylvia W. Mitarachi, respondent.

Harvey W. Clarke, respondent in person.

Abraham Rosenburg, as special guardian for David S. Sheps, an infant, respondent.

S. SAMUEL DI FALCO, S.

In this proceeding to settle her account, the executrix has petitioned for construction of two paragraphs of the decedent's will which appear to be irreconcilable and repugnant to each other. The text of the paragraphs in question read as follows:

"SECOND: All the residue of my estate of every kind and description I devise and bequeath to my son DAVID SAMUEL SHEPS or, if he shall not survive me or shall die during his minority...

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