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MTR. OF NEWKIRK

86 Misc.2d 930 (1974)

In the Matter of The Estate of May C. Newkirk, Deceased.

Surrogate's Court, Bronx County.

September 12, 1974

Attorney(s) appearing for the Case

Popkin & Honorof (Daniel M. Honorof of counsel), for Alan F. Newkirk, petitioner. Duer & Taylor (John S. Chapman, Jr., of counsel), for Virginia J. Shea, executrix. Thomas A. Brennan, Jr., for Saint Nicholas of Tolentine Roman Catholic Church, legatee. Willkie, Farr & Gallagher for St. Anthony's Guild (Franciscan Monastery), legatee. Louis J. Lefkowitz, Attorney-General (Anthony S. Urso of counsel), for State of New York.

BERTRAM R. GELFAND, S.

This is an application by an adult grandson of testatrix who in his posture as a descendant of decedent's predeceased issue seeks to invade for his benefit residuary bequests to eleemosynary institutions to the extent that such bequests exceed one half of testatrix' net estate.

Testatrix died August 5, 1972. Her last will and testament was executed on August 12, 1971. Testatrix' gross estate is approximately $75,000. Under...

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