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MATTER OF MILBANK

83 Misc.2d 716 (1975)

In the Matter of The Estate of Thomas F. Milbank, Deceased.

Surrogate's Court, New York County.

March 21, 1975

Attorney(s) appearing for the Case

Davis, Polk & Wardwell (Henry L. King of counsel), for William W. Foshay, Jr., and others, residuary legatees, respondents. Thomas A. Bolan and Twombly, Hall & Hirson (Thomas A. Bolan of counsel), for E. Murray Todd and another, as executors of Thomas F. Milbank, deceased, respondents. Lord, Day & Lord (David N. Bottoms, Jr., of counsel), for Tolstoy Foundation, Inc., respondent. Di Falco, Field, Lomenzo & O'Rourke (Arthur Field of counsel), for Joyce S. Milbank, petitioner.

MILLARD L. MIDONICK, S.

This is an application by the alleged surviving spouse for a partial advance payment of her legacy under the will and to direct the executors to permit her to occupy the decedent's co-operative apartment.

In paragraph Eighth of the will decedent provided a minimum elective share trust for the wife "if she shall be my surviving spouse within the meaning of section 5-1.2 of the...

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