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MATTER OF NICHOLAS

33 N.Y.2d 174 (1973)

In the Matter of The Estate of Virginia T. Nicholas, Deceased, Joseph Gimma et al., as Executors of Virginia T. Nicholas, Deceased, et al., Respondents; Federation of Protestant Welfare Agencies, Inc. et al., Appellants.

Court of Appeals of the State of New York.

Decided November 15, 1973.

Attorney(s) appearing for the Case

James T. Buckley, Jr., Elliot H. Goodwin, William H. Miller, Jr. and Robert M. Coffee for appellants.

Louis J. Lefkowitz, Attorney-General (John S. Wellekens and Samuel A. Hirshowitz of counsel), for Ultimate Charitable Beneficiaries, appellant.

Howard C. St. John for Helen L. Murphy, respondent.

Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI and JONES concur.

WACHTLER, J.

This proceeding was first commenced in the Surrogate's Court, New York County, to obtain a construction of the will of Virginia T. Nicholas (testatrix) dated June 10, 1965 and codicil dated July 29, 1965 as to the meaning and effect of the tax apportionment clause.

Under articles SECOND and FOURTH of the will dated June 10, 1965, Thomas J. Lynch was left certain gifts of real and personal...

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