MATTER OF McELLIGOTT


145 Misc.2d 379 (1989)

In the Matter of The Estate of Joseph F. McElligott, Deceased.

Surrogate's Court, Nassau County.

March 21, 1989


Attorney(s) appearing for the Case

Mark S. Charwat for estate.


C. RAYMOND RADIGAN, J.

This is a request for a construction of the will which was incorporated in the original probate petition. The will having been admitted to probate, the construction can now be addressed. Article THIRD of the will places one half of the adjusted gross estate in trust for the benefit of the surviving spouse. The relevant portion of the will describes the bequest as follows: "an amount which * * * shall equal one-half of the

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