MATTER OF KANE


130 Misc.2d 282 (1985)

In the Matter of The Estate of Walter F. Kane, Deceased.

Surrogate's Court, Nassau County.

December 2, 1985


Attorney(s) appearing for the Case

John B. Fitzpatrick for petitioners. Adrienne C. Lynch for Walter F. Kane, Jr. Edward T. O'Brien, guardian ad litem.


C. RAYMOND RADIGAN, J.

In this construction proceeding the question presented is whether the term "lawful issue" includes the testator's nonmarital great-grandchild who has been adopted out of the testator's family.

Article SIXTH of the will creates a residuary trust for the benefit of the testator's only son, Walter F. Kane, Jr., to the extent of three fourths of the income with one fourth of such income for the benefit of the son's "lawful issue...

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