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MATTER OF KELLOGG

33 A.D.2d 388 (1970)

In the Matter of The Estate of Abraham L. Kellogg, Deceased. Central School District No. 1 of the Towns of Delhi, Kortright, Meredith, Franklin, Hamden and Bovina, Delaware County, Appellant; Katherine B. Kellogg et al., Respondents

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

February 24, 1970.

Attorney(s) appearing for the Case

Robert J. McKeegan (Paul F. Eaton and Carl J. Mugglin of counsel), for appellant.

Dewey, Ballantine, Bushby, Palmer & Wood (David E. Watts, William B. Warren and Burton Sueskind of counsel), for Katherine B. Kellogg, respondent.

Frank W. Getman for Abraham L. Kellogg Foundation, Inc., respondent.

Seybolt & Seybolt for Hartwick College, respondent.

Harrington & Silvernell for Wilber National Bank, respondent.

Louis J. Lefkowitz, Attorney-General (Thomas Burke, Ruth Kessler Toch and Walter S. Stedman of counsel), for charitable beneficiaries.

HERLIHY, P. J., STALEY, JR., GREENBLOTT and COOKE, JJ., concur.

SWEENEY, J.

This is an appeal from a decree of the Surrogate's Court of Otsego County, entered July 18, 1969, which denied petitioner's application to reopen a decree of October 23, 1951, and from a decree of the Surrogate's Court of Otsego County, entered August 20, 1969, which held that the question as to whether petitioner was presumptively entitled to one half of the remainder under paragraph Twenty-Fourth...

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