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MATTER OF WAGNER

112 Misc.2d 302 (1982)

In the Matter of The Estate of Josephine D. Wagner, Deceased.

Surrogate's Court, Schenectady County.

January 25, 1982

Attorney(s) appearing for the Case

William Ward for Gemma Stapleton, petitioner. Thomas B. Hayner, Philip M. Stark and Vito C. Caruso for County of Schenectady, respondent. Robert Abrams, Attorney-General (Allan E. Kirstein of counsel), for State of New York, respondent. McGivern, Shaw, O'Connor (Gary J. O'Connor of counsel), for Glenridge Board of Managers, respondent. Raymond P. Ham for State Street Presbyterian Church, respondent.

GEORGE E. SEVERSON, S.

In this final accounting, a problem has arisen as to the payment of a legacy. The decedent died testate on July 9, 1978. Her last will and testament dated March 28, 1977 was admitted to probate on August 11, 1978.

Her distributees were a brother and a sister to whom she left $5,000 each. She left other cash legacies (none exceeding $2,000), totaling $13,000, to various friends, more distant relatives and institutions. Her...

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