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MTR. OF WHIPPLE

55 A.D.2d 242 (1976)

In the Matter of The Estate of James F. Whipple, Deceased. Anna E. Whipple et al., Respondents; Janice M. Whipple et al., Appellants

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

December 30, 1976

Attorney(s) appearing for the Case

William W. Millington for Janice M. Whipple and another, appellants.

Kramer, Wales & McAvoy (Donald W. Kramer of counsel), for Anna E. Whipple, respondent.

MAHONEY, MAIN, LARKIN and HERLIHY, JJ., concur.

KOREMAN, P. J.

The testator, James F. Whipple, provided for his wife, Anna E. Whipple, in his last will and testament as follows:

"THIRD: If my wife, Anna E. Whipple, shall survive me: "(a) I devise and bequeath to her one-third (1/3rd) of my estate remaining after the deduction of debts, funeral and administration expenses to be hers absolutely and forever; "(b) In addition to, and without reducing the provisions of (a) above...

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