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MATTER OF MERRILL

171 A.D.2d 978 (1991)

In the Matter of The Estate of Mildred Merrill, Deceased. Lois M. Webb, as Executrix of Mildred Merrill, Deceased, Respondent; Robert Abrams, on Behalf of the Director of The Sunmount Developmental Center, Appellant

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

March 28, 1991

Yesawich, Jr., J.

Mildred Merrill (hereinafter decedent) died January 4, 1987. She was survived by seven children, one of whom, James, is severely retarded. The second paragraph of decedent's will provides as follows: "I bequeath to my seven children or to the survivors of them, all of my personal and real property in equal shares. If at the time of my death my son JAMES is still living, I direct that he have...

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