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MATTER OF GREGORY

23 Misc.2d 138 (1960)

In the Matter of The Estate of Seth Gregory, Deceased.

Surrogate's Court, New York County.

February 16, 1960.

Attorney(s) appearing for the Case

Lehman, Goldmark & Rohrlich (Daniel J. Madigan and Max Regov of counsel), for Chester Rohrlich and another, petitioners.

Wolf, Popper, Ross, Wolf & Jones (Paul L. Ross of counsel), for Mary Dewherst, respondent.

Cadwalader Wickersham & Taft (John Boyer of counsel), for Salvation Army, respondent.

Louis J. Lefkowitz, Attorney-General (Tony Berman of counsel), for indefinite charitable beneficiaries, respondent.

Nicholas P. Iannuzzi, as special guardian for unknown infants, respondent.

JOSEPH A. COX, S.

The instruments propounded as the last will and testament of the decedent consist of a purported will and purported codicils thereto. The purported will contains the following provision: "In making this my Last Will and Testament, I am not unmindful of the fact that my deceased brother, Edward, left him surviving a daughter, Mary. My failure to make any provision for my said niece is deliberate...

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