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MATTER OF KIRBY

39 Misc.2d 190 (1963)

In the Matter of The Estate of Adele F. Kirby, Deceased.

Surrogate's Court, Westchester County.

April 26, 1963

Attorney(s) appearing for the Case

Floyd M. Grant for petitioners. Alfred W. Bergren for Rector, Churchwardens and Vestrymen of Grace Church, White Plains. Close, Griffiths, McCarthy & Gaynor for Epiphany Mission. Louis J. Lefkowitz, Attorney-General, for charitable beneficiaries. Mansfield F. Goreth for Barbara L. Wetzel and another, as executors of Edward B. Long Jr., deceased.

HARRY G. HERMAN, S.

Three questions have arisen relative to the judicial settlement of the account of the executors: (1) the validity of the bequest in paragraph "SEVENTH" of the will which reads "(b) To EPIPHANY MISSION, now of Sherwood, Tennessee, the sum of ONE THOUSAND DOLLARS ($1,000.00)", (2) the validity of the claim of the Rector, Churchwardens and Vestrymen of Grace Church of White Plains upon a pledge...

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