MATTER OF SCHAFFNER


162 A.D.2d 972 (1990)

In the Matter of James J. Schaffner, Appellant. Estate of Clarence D. Schaffner, Deceased, Respondent

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

June 22, 1990


Order unanimously reversed on the law with costs and matter remitted to Allegany County Surrogate's Court for further proceedings, in accordance with the following memorandum:

In this will construction proceeding, Surrogate's Court determined that paragraph SEVENTH of the will was clear and unambiguous and required that the residual estate of decedent be divided in five equal shares among petitioner, who was decedent's brother, and the four living children of decedent...

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