MATTER OF TULLY


28 Misc.2d 630 (1961)

In the Matter of The Estate of Caroline M. Tully, Deceased.

Surrogate's Court, New York County.

February 17, 1961


Attorney(s) appearing for the Case

Watson, Kristeller & Swift (Frederic W. Dillingham of counsel), for Arthur R. Ramsden and another, as executors, petitioners. La Muriel Morris, as special guardian for Richard Farrell, an infant, respondent.


JOSEPH A. COX, S.

In this accounting proceeding there is raised the question of the construction and effect of paragraph Fifth of the will which reads as follows: "In order that I may not die intestate as to any of my property, or the above mentioned gifts not exhaust my estate, or should any of the legacies set forth above lapse, any such residue and remainder of my estate shall be divided into 107 equal shares or parts, which shall be disposed of as...

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