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MATTER OF BIRCH

50 A.D.2d 475 (1976)

In the Matter of The Estate of John J. Birch, Deceased. Evelyn Cremer et al., Executrices of Mildred S. Birch, Deceased, et al., Appellants; Mohawk National Bank et al., Respondents

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

January 22, 1976

Attorney(s) appearing for the Case

Wager, Taylor, Howd, Brearton & Kessler (Michael W. Kessler of counsel), for Evelyn Cremer and another, appellants.

George J. Camino for John J. Birch, Jr., appellant.

O'Loughlin, Leonard, Lewis & Bendall (Richard M. Leonard of counsel), for Mohawk National Bank, respondent.

Wemple, Daly & Casey (Ralph D. Semerad of counsel), for the First Reformed Protestant Dutch Church of Schenectady, N.Y., and another, respondents.

Louis J. Lefkowitz, Attorney-General (Joseph A. Romano and Ruth Kessler Toch of counsel), respondent pro se.

Jacob M. Frankel, respondent pro se.

HERLIHY, P. J., KOREMAN and LARKIN, JJ., concur in Per Curiam opinion; SWEENEY and KANE, JJ., dissent in part in an opinion by SWEENEY, J.

Per Curiam.

Decedent, John J. Birch, died on August 15, 1970 and his will dated January 4, 1970 was admitted to probate on August 25, 1970. After making a bequest of $1,000 to his son and $500 to another legatee, by the "Fourth" paragraph of his will decedent gave, devised and bequeathed to his wife: "the life use of property located at 26 Washington Avenue, Schenectady, New York, and the contents therein, for her...

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