MATTER OF NELSON


134 Misc.2d 936 (1987)

In the Matter of The Estate of Frances M. Nelson, Deceased.

Surrogate's Court, Nassau County.

March 18, 1987


Attorney(s) appearing for the Case

Alvan S. Hutchinson, Jr., for petitioner. Walter, Conston, Alexander & Green for respondent.


C. RAYMOND RADIGAN, J.

In this construction proceeding for the will of Frances M. Nelson, the petitioner, husband of the testatrix, seeks a construction as to the effect of paragraph THIRD of said will. The questions presented in this case are twofold. Whether there is a present necessity to construe the paragraph in question and if so, how it should be construed.

The relative facts are not in dispute...

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