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MATTER OF SHAUL

58 Misc.2d 967 (1969)

In the Matter of The Estate of Howard A. Shaul, Deceased.

Surrogate's Court, Otsego County.

February 18, 1969

Attorney(s) appearing for the Case

Leonard W. Cramer for State Bank of Albany, petitioner. Alexander Foster for Richfield Springs Lodge No. 482 F. & A. M., respondent. Louis J. Lefkowitz, Attorney-General (Walter S. Stedman of counsel), for State of New York. McDermott, Turner & Harts (Robert W. Cauldwell of counsel), for Masonic Hall & Asylum Fund, respondent.

RICHARD J. BOOKHOUT, S.

The testator died May 17, 1968, leaving a will dated November 13, 1951, which was duly admitted to probate on July 1, 1968.

The executor seeks construction of the validity and effect of paragraph "SEVENTH" of the will which provides as follows: "I give, devise and bequeath one half of all the rest, residue and remainder of my property, both real and personal and of every kind...

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