MATTER OF THIEM


59 Misc.2d 1032 (1969)

In the Matter of The Estate of Clara C. Thiem, Deceased.

Surrogate's Court, Albany County.

March 11, 1969


Attorney(s) appearing for the Case

William Toomey, Jr., for petitioner. Kahn, Maloy & Murray (Philip R. Murray of counsel), for respondent.


JOHN J. McCALL, J.

The last will and testament of Clara C. Thiem was admitted to probate in this court on April 9, 1968. Paragraph designated Second of that instrument reads as follows: "I give and bequeath to my nephew, John R. Kearns all shares of stock that I own at the time of my death."

It presently appears that the testatrix was survived by two individuals known as John R. Kearns, that each are the sons of the testatrix' brother and that...

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