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MATTER OF KOELLNER

121 A.D.2d 838 (1986)

In the Matter of The Estate of Mary A. Koellner, Deceased. Frank W. Prokop, as Administrator of The Estate of Mary A. Koellner, Deceased, Appellant; Mary P. Donadio et al., Respondents

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

June 19, 1986

Mahoney, P. J.

In 1962, Mary A. Koellner and George J. Koellner, wife and husband, executed a joint and mutual will. The will, after directing payment of debts, provided:

"Second: We give devise and bequeath unto the surviving husband or wife our entire Estate both Real and Personal of which we die seized of. "Third: In the event we are killed in a common disaster or accident then we give our entire Estate * * * to Mary...

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