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MATTER OF NORTH

32 A.D.2d 862 (1969)

In the Matter of The Estate of Mary L. North, Deceased. Rita N. Pollak et al., Appellants; Frank J. Carr, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 24, 1969

GIBSON, P. J.

The testatrix executed her will on November 1, 1939. By paragraph "Fourth", she gave her residuary estate "to my sister Catherine Carr". By paragraph "Fifth", she provided that if her sister should predecease her, survived by a child or children, the residuary estate should pass "to Frank J. Carr (husband of said Catherine) in trust, nevertheless, for the benefit primarily of such child and/or children", the terms of said trust being thereinafter...

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