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MATTER OF POUST

29 Misc.2d 190 (1961)

In the Matter of the Construction of the Will of Abraham Poust, Deceased.

Surrogate's Court, New York County.

July 7, 1961

Attorney(s) appearing for the Case

Sireta & Steyer (Murray Steyer of counsel), for Jack Poust, as executor, petitioner. James E. Foley, as special guardian for Helen Schwarz and another, infants, respondent. Kaufman, Stolzar, Frank & Kaufman (Martin M. Frank of counsel), for Jessica Schwarz, respondent. Kaye, Scholer, Fierman, Hays & Handler for Phyllis Roth and another, respondents.

JOSEPH A. COX, S.

This is a proceeding brought by the executor to obtain a construction of Paragraph SECOND of the decedent's will which reads as follows: "SECOND: I give and bequeath all of my shares of stock in Poust Liquor & Wine Co., Inc. to my son, JACK, if he survives me, upon condition that, within sixty (60) days following the appointment of my personal representatives he personally guarantees in...

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