MATTER OF ANDRUS


44 Misc.2d 220 (1964)

In the Matter of The Estate of John E. Andrus, Deceased.

Surrogate's Court, Westchester County.

October 28, 1964


Attorney(s) appearing for the Case

Kelley, Drye, Newhall, Magines & Warren for petitioners. Donovan, Leisure, Newton & Irvine for respondent. Nicholas C. Russo, as special guardian. George R. Sherriff, as special guardian.


HARRY G. HERMAN, S.

In this independent proceeding for a construction the court is asked to determine whether a provision in favor of "descendants" of children of the testator includes a child or children adopted by a descendant of the testator.

The testator died on December 26, 1934. His will dated December 8, 1924, and three codicils, the latest of which was executed on March 24, 1930, were admitted to probate by a decree of this court dated...

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