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MTR OF AUGUSTINE

87 Misc.2d 184 (1976)

In the Matter of The Estate of Rose Augustine, Deceased.

Surrogate's Court, New York County.

May 18, 1976

Attorney(s) appearing for the Case

Bisco, Winkler & Higgiston for Continental Illinois National Bank and Trust Company of Chicago, petitioner. Louis J. Lefkowitz, Attorney-General, for ultimate charitable beneficiaries.

S. SAMUEL DI FALCO, S.

In this accounting proceeding the executor has asked the court for a construction of decedent's will. None of the parties have taken a position on the issue that has been raised.

Under article SIXTH of the will the residuary estate was bequeathed as follows: "All the remainder of my estate, any bequests which lapse and all property of which I can dispose I bequeath in equal shares per capita to my said brothers

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