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MATTER OF HULL

37 A.D.2d 325 (1971)

In the Matter of The Estate of Jane Hull, Deceased. Katherine S. Schwartz et al., Appellants; Fountain House Foundation, Inc., et al., Respondents

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

November 3, 1971.

Attorney(s) appearing for the Case

N. Le Van Haver and Richard B. Overbagh for Katherine S. Schwartz and another, appellants.

Norman Kellar for Elsie Burchess and another, appellants.

Gifford, Woody, Carter & Hays (Paul F. Robinson of counsel), for National Audobon Society, Inc., respondent.

Turk, Marsh, Kelly & Hoare (Arthur H. Barnes of counsel), for Fountain House Foundation, Inc., respondent.

Philip J. Britt for American Cancer Society, Inc., respondent.

REYNOLDS, J. P., STALEY, JR., GREENBLOTT and SWEENEY, JJ., concur.

SIMONS, J.

This is an appeal from a decree of the Ulster County Surrogate which construed the will of Jane Hull, deceased.

The proceeding is brought to determine the validity of a paragraph of testatrix' will which disposes of her property to respondents by reference to a paragraph of her predeceased husband's will. Appellants are distributees of Jane Hull and her husband, Emerson C. Hull.

Jane...

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