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MATTER OF STEVENSON

68 Misc.2d 619 (1971)

In the Matter of The Estate of Julia Stevenson, Deceased.

Surrogate's Court, New York County.

December 21, 1971

Attorney(s) appearing for the Case

Christy, Frey & Christy (John H. Frey of counsel), for petitioners. Connor & Chopnick (Joseph A. Cox of counsel), for George Junior Republic Association Inc., respondent. Louis J. Lefkowitz, Attorney-General (Palmer B. Wald of counsel), for ultimate charitable beneficiaries.

S. SAMUEL DI FALCO, S.

In this construction proceeding, a determination is requested that the power of appointment granted to testatrix' sister, Johanna Marie McKenna, by article FIFTH, paragraph E of the will of the testatrix, Julia McKenna Stevenson, permits its exercise at this time to the extent of $200,000 in favor of James V. O'Brien, a nephew of the testatrix.

Testatrix died in 1964. Under article FIFTH of the will, the entire residue is...

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