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MATTER OF POMEROY

74 Misc.2d 953 (1973)

In the Matter of The Estate of Ida E. Pomeroy, Deceased.

Surrogate's Court, Westchester County.

June 7, 1973

Attorney(s) appearing for the Case

Kettner & Kettner for petitioner. Louis J. Lefkowitz, Attorney-General, for ultimate charitable beneficiaries. G. Frederic Smyth, guardian ad litem for unknown heirs. Roderick B. Travis, guardian ad litem for person under disability.

OTTO C. JAEGER, S.

The court is asked to construe decedent's will, more particularly article FOURTH which reads in part:

"FOURTH: In the event that my son, Howard Pomeroy, shall be living at the time of my death, I give and bequeath to Corn Exchange Bank Trust Company of the Borough of Manhattan, City of New York, and to my daughter, Helen Pomeroy Burtis, and to their successors, IN TRUST, the sum of...

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