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MATTER OF DUNCAN

48 Misc.2d 136 (1965)

In the Matter of The Estate of J. Donald Duncan, Deceased.

Surrogate's Court, New York County.

November 8, 1965

Attorney(s) appearing for the Case

Forsythe, McGovern & Fetzer (Carl S. Forsythe, Sidney Stark and Kenneth Pearson of counsel), for Margaret S. Duncan, respondent. Hooker, Alley & Duncan for Muriel W. Duncan, petitioner.

S. SAMUEL DiFALCO, S.

This is a proceeding instituted by the executrix, the decedent's widow, for construction of the will and determination of the following questions: (1) whether the status of Margaret Sumner Duncan, the decedent's former wife from whom he had been divorced, is that of a creditor under the terms of an agreement of separation or that of a legatee under

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