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MATTER OF RAGONE

87 A.D.2d 457 (1982)

In the Matter of The Estate of Joseph A. Ragone, Deceased. Antoinette Viscardi et al., Appellants, Josephine Ragone, Respondent

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

June 29, 1982

Attorney(s) appearing for the Case

Merritt T. Viscardi for appellants.

Hyman L. Rutman for respondent.

Stuart A. Summit of counsel (Guy R. Fairstein with him on the brief; Burns Jackson Summit Rovins Spitzer & Feldesman, attorneys), for Bertha K. Donson, amicus curiae.

CARRO and ASCH, JJ., concur with SILVERMAN, J.; KUPFERMAN, J., concurs with SILVERMAN, J., in a separate opinion; MURPHY, P. J., dissents and would affirm on the opinion of MIDONICK, S.

SILVERMAN, J.

This is an appeal from a decree of the Surrogate's Court, New York County, dated September 25, 1981, determining that respondent widow Josephine Ragone is the sole distributee of the testator Joseph A. Ragone, and is entitled to his entire estate after payment of the preresiduary legacies and bequests of personal property provided for in the will.

The issue is one of construction of the...

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