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MATTER OF TILLY

88 Misc.2d 904 (1976)

In the Matter of The Estate of David L. Tilly, Deceased.

Surrogate's Court, Kings County.

November 5, 1976

Attorney(s) appearing for the Case

Corner, Finn, Dwyer & Charles for executor. Curci & Clancy for Marjorie Tilly. Davies, Hardy, Ives & Lawther for petitioner. Louis J. Lefkowitz, Attorney-General (William Roberts of counsel), for ultimate charitable beneficiaries.

NATHAN R. SOBEL, S.

Incidental to its account, the trustee, Republic National Bank, requests construction of article THIRD of David L. Tilly's will.

Mr. Tilly died in 1949 leaving a will which he had executed in 1919, some 30 years before his death, and which was duly admitted to probate.

In article THIRD, the will created a trust for the life income benefit of testator's wife Gertrude. Upon her death, the principal

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