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MATTER OF KELLOGG

138 A.D.2d 799 (1988)

In the Matter of The Estate of Abraham L. Kellogg, Deceased. Delhi Central School District, Respondent; David E. Watts, as Executor of Katherine B. Kellogg, Deceased, Appellant

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

March 3, 1988

Mercure, J.

Abraham L. Kellogg (hereinafter decedent) died in 1946 leaving a last will and testament and codicil which were duly admitted to probate. The codicil ratified and confirmed paragraphs 23 and 24 of the will, which provide as follows:

""TWENTY-THIRD: The cash which is turned over to said Trustee by my said Executor shall be carefully invested for the purpose of realizing income, and all income...

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