MATTER OF SMITH


33 A.D.2d 867 (1969)

In the Matter of The Estate of Adele W. Smith, Deceased. Marine Midland Trust Company of Southern New York, as Trustee, Petitioner; John B. Gunion, as Trustee of Julia H. Northrup, Deceased, et al., Appellants; Lee C. Siner et al., Respondents

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

December 18, 1969


SWEENEY, J.

The question presented on this appeal is whether one Seaman F. Northrup had to survive the life beneficiaries to take under the will of Adele W. Smith. Northrup survived the testatrix, but predeceased one of the two life beneficiaries. A resolution of the problem presented necessitates an examination of the will and particularly paragraph "Third" to ascertain the intent of the testatrix. Paragraph "Third" reads as follows: "All the rest, residue...

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