MATTER OF McNEIL


18 A.D.2d 170 (1963)

In the Matter of The Estate of Sherman McNeil, Deceased. Hazel M. Hill, as Executrix of Sherman McNeil, Deceased, Respondent; Charles B. Russell, as Special Guardian for Dianne McNeil and Others, Infants, Appellant

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

March 13, 1963.


Attorney(s) appearing for the Case

Van Ness & Russell (Charles B. Russell and Robert M. Douglas of counsel), for appellants.

Briggs, Wilson & Tomasi for respondent.

COON, GIBSON, REYNOLDS and TAYLOR, JJ., concur.


BERGAN, P. J.

One of the main problems in this will construction proceeding is whether the words "children" and "nephews and nieces" used in testator's will included the children of deceased children and children of deceased nephews and nieces. The Surrogate held they did not.

Paragraph Fifth of the will provides: "Fifth. All of the remainder of my property shall be divided by my executor into a number...

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