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MATTER OF HOMER

80 Misc.2d 470 (1975)

In the Matter of The Estate of Edith C. Homer, Deceased.

Surrogate's Court, Erie County.

January 13, 1975

Attorney(s) appearing for the Case

Jensen & Hall (Jay Ricketts of counsel), for petitioner. Richard Boehm for Richard E. Climenhaga.

WILLIAM J. REGAN, S.

In this probate proceeding the court was asked to construe article SECOND of the last will and testament of the above-named deceased, which provides as follows:

"SECOND: I hereby give and devise-my residence situate at 29 Dartmouth Street, Town of Hamburg, Erie County, New York, to my trustee hereinafter named for the following purposes: "1. That premises be made available to my son, RICHARD E. CLIMENHAGA, for use...

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