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MATTER OF PECK

148 A.D.2d 946 (1989)

In the Matter of Everett Peck, as Administrator C. T. A. of The Estate of Theo L. Ziems, Deceased, et al., Respondents. American Heart Association — New York State Affiliate, Inc., Appellant. (Appeal No. 1.)

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

March 10, 1989

Order unanimously affirmed without costs.

Memorandum:

The intent of the testator at the time the will was executed, as found from the surrounding circumstances, is the proper focus in construing the will (see, Morris v Sickly, 133 N.Y. 456; Matter of Falvey, 15 A.D.2d 415, affd 12 N.Y.2d 759). The evidence presented clearly supports the Surrogate's determination...

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