MATTER OF RICKS


45 Misc.2d 919 (1965)

In the Matter of The Estate of Sybil H. Ricks, Deceased.

Surrogate's Court, Nassau County.

April 14, 1965


Attorney(s) appearing for the Case

Jackson Nash Brophy Barringer & Brooks (Williamson Pell, Jr., and Henry A. Lowet of counsel), for petitioners. Breed Abbott & Morgan (Walter R. Shepard and H. William Van Wagenen, Jr., of counsel), for respondents.


JOHN D. BENNETT, S.

In this construction proceeding the executors request a determination as to whether two adopted children of the testatrix' deceased son, James B. Ricks, share in a bequest of one fifth of the residuary estate to the children of the deceased son.

The critical portion of the will, revealing a number of words stricken out prior to execution, reads: "Fourteenth: (c) I give, devise and bequeath one of such equal shares as follows...

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