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MATTER OF WALLACE

86 Misc.2d 175 (1976)

In the Matter of The Estate of Homer B. Wallace, Deceased.

Surrogate's Court, Cattaraugus County.

January 7, 1976

Attorney(s) appearing for the Case

Moriarty & Swanz (Jeremiah J. Moriarty, III, of counsel), for executor. Charles Harrigan for Joel Wallace and another, guardian ad litem.

EDWARD M. HOREY, S.

In the accounting proceeding in this estate, it becomes necessary to determine by construction the nature of a legacy given by the decedent in the following paragraph of his will: "SECOND: I direct that my executor, hereinafter named, sell my house and lot at 22 Second Avenue, in the Village of Franklinville, County of Cattaraugus and State of New York, as soon after my death as, in his...

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