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MATTER OF IMPARATO

29 Misc.2d 464 (1961)

In the Matter of the Probate of the Will of Esther B. W. Imparato, Deceased.

Surrogate's Court, New York County.

June 16, 1961

Attorney(s) appearing for the Case

Phineas Tobet for Elizabeth Mitchell, as executrix, petitioner. Gerard H. Carey for Ross J. Di Lorenzo, as executor of Giovanni Imparato, deceased, respondent. Arnold A. Levin, supplemental petitioner, in person. Peter R. O'Connell for Harvey A. Klitzke, Jr., as guardian of Harvey A. Klitzke, III, an infant, respondent. Kelley, Drye, Newhall & Maginnes for Riggs National Bank of Washington, D. C., as guardian of the estate of Elizabeth H. Mitchell, respondent.

JOSEPH A. COX, S.

In this proceeding for the probate of the will the court has reserved for supplemental decision a question of construction which was raised by answer and excluded from the provisions of an agreement of settlement that has previously been approved. It is the contention of the representative of the estate of a person now deceased who is said to be the only distributee of the testatrix that intestacy results from the failure of the testatrix...

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