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  5. 13 A.D.2d 269 (1961)
 

MATTER OF WARREN

13 A.D.2d 269 (1961)

In the Matter of the Final Accounting of Harry T. Gill, as Executor of Bertha B. Warren, Deceased, Respondent. Michael Quish et al., Appellants; Louis Jacobson et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 16, 1961.

Attorney(s) appearing for the Case

Maider, Smith & Maider (Lydon F. Maider, Hugh H. Smith and Robert L. Maider of counsel), for James P. Quish, appellant.

George W. Cornell for Michael Quish and others, appellants.

T. R. & R. B. Haviland (Theodore R. Haviland, Roger B. Haviland and Dudley M. Ferguson of counsel), for Harry T. Gill, respondent.

Isaac Zaleon for Louis Jacobson and another, respondents.

BERGAN, P. J., and REYNOLDS, J., concur with TAYLOR, J.; HERLIHY, J., dissents, in a memorandum, and votes to affirm.

TAYLOR, J.

Appeals by the distributees of the deceased from a decree of the Surrogate's Court, Fulton County, which construed certain provisions of her last will and testament.

One Bertha B. Warren died on May 14, 1959 leaving a properly executed will dated June 25, 1951 and a codicil thereto — not material to this controversy — bearing date April 27, 1955, both of which were duly admitted...

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