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MATTER OF CARY

25 Misc.2d 244 (1960)

In the Matter of the Construction of the Will of R. Anna Cary, Deceased.

Surrogate's Court, New York County.

March 31, 1960.

Attorney(s) appearing for the Case

Frederic E. Emmerich, petitioner in person. Crawford & Levie for Charles W. Crawford, as executor of Horatio A. C. Page, deceased, respondent. Joseph Trachtman for Grace W. Lopez and others, respondents. A. R. Fredericks and Emory H. Crockett for American Surety Company of New York, respondent. Charles H. Tenney, Corporation Counsel, for Commissioner of Welfare of the City of New York, respondent.

JOSEPH A. COX, S.

This is a proceeding brought to construe the testatrix' will. The pertinent portion of the text requiring construction reads as follows: "NINTH: All the rest, residue and remainder of my estate, real and personal, of whatsoever nature or description, or wheresoever situated, of which I may die seized or possessed * * * I give, devise and bequeath * * * one-third thereof to my trustees hereinafter named in trust for my daughter GRACE...

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