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MATTER OF SMITH

60 N.Y.2d 864 (1983)

In the Matter of The Estate of Earl W. Smith, Deceased. Elizabeth Klindt et al., Appellants; Margaret M. Heit, Respondent.

Court of Appeals of the State of New York.

Decided November 22, 1983.

Attorney(s) appearing for the Case

James E. Konstanty for appellants.

Edward Gozigian for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs to all parties appearing separately and filing briefs, payable out of the estate, for the reasons stated in the memorandum in that court (90 A.D.2d 905).

If the word "including" in the FOURTH paragraph of the will is read to mean "as well as" the pattern of...

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