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MATTER OF HILL

39 Misc.2d 138 (1963)

In the Matter of The Estate of James Hill, Jr., Deceased.

Surrogate's Court, Nassau County.

May 22, 1963

Attorney(s) appearing for the Case

Rogers, Hoge & Hills (James F. Ouchterloney and R. Timmis Ware of counsel), for petitioner. Stroock & Stroock & Lavan (Alan M. Stroock, Jerome A. Manning and Ronald J. Stein of counsel), for Charlotte K. Hill. Manning, Hollinger & Shea (Louis Schack of counsel), for May M. Hill. Henry V. Poor, as special guardian for James Hill IV and others, infants.

JOHN D. BENNETT, S.

In this proceeding the petitioner requests a construction of paragraph Sixth of the will in which the testator made the following provisions for May Marlowe Hill, referred to by him as my "former wife": "SIXTH: I have heretofore entered into a separation agreement dated February 1, 1956 with my former wife, MAY MARLOWE HILL, in which I agreed to make provision in my Last Will and Testament...

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