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MATTER OF McCARTHY

49 A.D.2d 204 (1975)

In the Matter of The Estate of Dennis V. McCarthy, Deceased

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

October 31, 1975

Attorney(s) appearing for the Case

Harris, Maloney & Horwitz (Richard J. Evans of counsel), for Thomas L. Mooney, appellant.

Fleischer, Dwyer & Embser (W. Joseph Embser of counsel), for Citizens National Bank & Trust, respondent.

Shane & McCarthy (G. Sidney Shane of counsel), for charitable residuary legatee, respondent.

Louis J. Lefkowitz, Attorney-General (Eugene A. Panfil and Michael G. Wolfgang of counsel), for charitable beneficiaries, respondents.

MARSH, P. J., MOULE, MAHONEY and WITMER, JJ., concur.

GOLDMAN, J.

Thomas L. Mooney, a residuary legatee under the will of Dennis V. McCarthy, appeals from those parts of an order of Surrogate's Court, Allegany County, which denied his prayer (1) that accretions due to certain stock splits be declared to accrue to the residuary estate rather than to the named legatees of the original stock; and (2) that a residuary bequest to St. Elizabeth's Convent be declared to...

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