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MATTER OF PHILBROOK

207 A.D.2d 603 (1994)

615 N.Y.S.2d 516

In the Matter of The Estate of Clinton C. Philbrook, Deceased. Dorothy Lent, as Administratrix of The Estate of Mildred Philbrook, Deceased, Respondent; Robert L. Traver, as Coexecutor of The Estate of Clinton C. Philbrook, Deceased, Appellant

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

August 4, 1994

Weiss, J.

The last will and testament of Clinton C. Philbrook (hereinafter decedent) provided: "I do hereby give * * * all of my property and estate * * * unto my wife, Mildred Philbrook, if she survives me; but if my said wife, Mildred Philbrook, shall predecease me or die simultaneously with me in or as the result of a common accident or disaster, then and in either of said events I do hereby give * * * my said property * * * unto Robert Traver [respondent...

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