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MTR. OF GOLDSTEIN

46 A.D.2d 449 (1975)

In the Matter of The Estate of Newman A. Goldstein, Deceased

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

January 16, 1975.

Attorney(s) appearing for the Case

Sbarbati & Sax (Bernard J. Sax of counsel), for James O. Berry, appellant.

Boniello, Gellman, Anton, Brydges & Conti (Richard J. Schroff of counsel), for Gertrude J. Clor, appellant.

George M. Donohue for Manufacturers & Traders Trust Co., respondent.

Edward L. Smith (Philip S. Gellman of counsel), guardian ad litem for Carl Kopke, respondent.

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

GOLDMAN, J.

This appeal involves the construction of a paragraph of a will which contains a devise of property described by street name only. The testator did not in fact own real property on the named street although he was the owner of other real property. The Surrogate held that the misdescription invalidated the paragraph, that the attempted devise was "a lapsed legacy" and that the real property owned by...

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