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MATTER OF BATTLES

45 Misc.2d 348 (1965)

In the Matter of The Estate of Catherine M. Battles, Deceased.

Surrogate's Court, Onondaga County.

March 5, 1965

Attorney(s) appearing for the Case

Farrell, Crowley, Martin & Barnell for the estate. Sydney Cooper for Baldwinsville Volunteer Fire Department, Inc. and Veterans of Foreign Wars, Post No. 153. Meays, Weickert & Love for objectant.

LAURENCE D. WOOD, S.

Testatrix died on January 6, 1963, a resident of Onondaga County, and her will dated July 3, 1961, was duly admitted to probate by this court on March 21, 1963. After directing payment of funeral expenses, debts, taxes and administration expenses the will provides: "THIRD: I direct my Executor, hereinafter named, to divide the net proceeds remaining in my estate into three (3) equal parts. The first of such

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