MATTER OF FUSCHINO


29 Misc.2d 107 (1961)

In the Matter of the Construction of the Will of Berardino Fuschino, Deceased.

Surrogate's Court, Richmond County.

May 11, 1961


Attorney(s) appearing for the Case

Truman O. Murrell for petitioners. Francis J. Sottile for Margarita Fuschino, widow.


JOHN C. BOYLAN, S.

In this construction proceeding, the court is asked to determine the intent of the decedent as to the disposition of a vacant parcel of real property owned by him at death, and referred to in the stipulation as Parcel No. III.

The pertinent provisions of the will are as follows:

"FOURTH: — I hereby give, devise and bequeath to my wife MARGARITA FUSCHINO premises No. 10 Rockland Avenue, Staten Island, New York...

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