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MATTER OF McGRATTAN

76 Misc.2d 873 (1974)

In the Matter of The Estate of Thomas B. McGrattan, Deceased.

Surrogate's Court, Erie County.

January 23, 1974

Attorney(s) appearing for the Case

Diebold & Millonzi (David Diebold of counsel), for Marcia B. McGrattan, widow. Mortimer A. Sullivan, Jr., for estate.

WILLIAM J. REGAN, S.

This is a will construction proceeding to determine whether an inter vivos trust agreement qualifies as a testamentary substitute. The testator, Thomas B. McGrattan, died on July 17, 1971, leaving him surviving his widow, Marcia B. McGrattan, among others. The testator and said widow had been married December 22, 1942, and remained husband and wife until decedent's death. The last...

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