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MATTER OF MC LAIN

49 Misc.2d 519 (1966)

In the Matter of The Estate of Winfred E. McLain, Deceased.

Surrogate's Court, Broome County.

March 15, 1966

Attorney(s) appearing for the Case

Dann, Weissman & Lyons (Randall V. Oakes, Jr., of counsel), for George D. Cochran, executor, petitioner. Frank A. Nemia, special guardian for David A. McLain, an allegedly incompetent person, respondent.

JOHN M. KEANE, S.

Winfred E. McLain died May 21, 1963. His last will and testament was duly admitted to probate by this court on September 30, 1963. The problems arising on this judicial settlement can be better understood by setting forth the relevant paragraphs of the will rather than paraphrasing them.

The relevant paragraphs are "FIRST," "SECOND" and "THIRD" which read as follows:

"FIRST...

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