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MATTER OF DIAMOND

29 Misc.2d 102 (1961)

In the Matter of the Construction of the Will of Tilly Diamond, Deceased.

Surrogate's Court, New York County.

May 9, 1961

Attorney(s) appearing for the Case

Tenzer, Greenblatt, Fallon & Kaplan for Abraham Kuber and another, as executors, petitioners. Roe & Kramer for Elmont Cemetery, Inc., respondent.

JOSEPH A. COX, S.

The executors herein seek a determination of the meaning and legal effect of Paragraph THIRD of the decedent's will which reads as follows:

"THIRD: I hereby order and direct that my Executors shall pay for the cost and expense of constructing and creating such headstone or monument upon my grave as may be selected by them. "If during my lifetime I shall not have deposited with the cemetery corporation owning the cemetery...

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