MATTER OF NICHOLAS


41 A.D.2d 625 (1973)

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

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

February 20, 1973


A will and codicil thereto are to be treated as a single and entire instrument, and are to be construed as if they had been executed at the time of the making of the codicil (64 N. Y. Jur., Wills, § 481, p. 577). The testatrix' will provides in the clearest terms that the subject bequests, which were initially payable to Thomas J. Lynch, were to be free of all taxes. The codicil did not create a new or distinct bequest, but rather provided for a substitute or alternative...

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