MATTER OF ZUMSTINE


23 Misc.2d 305 (1960)

In the Matter of the Construction of the Will of William A. Zumstine, Deceased.

Surrogate's Court, Nassau County.

May 26, 1960.


Attorney(s) appearing for the Case

J. Gerard McLaughlin for petitioner.

John J. M. O'Shea for Louise Zumstine, respondent.

Louis J. Lefkowitz, Attorney-General (Percy E. Schuberth, Jr., of counsel), for ultimate charitable beneficiaries.

Merchant Olena Buck & Santomenna for Luise A. Ortlepp, respondent.

Joslin & Joslin for Mathilda Dale and another, respondents.

William T. Griffin for Hettie Bidewell and others, respondents.


JOHN D. BENNETT, S.

This is a proceeding to construe two paragraphs of the decedent's will. The facts are not in dispute and have been stipulated by the attorneys in an instrument dated January 6, 1960. A hearing consisting of oral argument was held March 29, 1960, and written memoranda have been filed.

Article eighth of the will reads as follows: "All the rest, residue and remainder of my property,...

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