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MTR. OF BERARD

89 Misc.2d 838 (1977)

In the Matter of The Estate of Arthur A. Berard, Deceased.

Surrogate's Court, Westchester County.

March 15, 1977

Attorney(s) appearing for the Case

Morgan, Bagg & Persons for petitioner. Slifkin & Altwarg for respondent, appearing specially.

EVANS V. BREWSTER, S.

Petitioner requests a construction of article THIRD of the will and a determination as to the validity of the exercise of a power of appointment contained therein. Decedent died March 28, 1971, a domiciliary of New York, leaving a will which was thereafter admitted to probate on April 9, 1971. Article THIRD of the will which created a marital deduction trust provides in pertinent part...

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