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MATTER OF SHEAR

182 Misc.2d 684 (1999)

700 N.Y.S.2d 369

In the Matter of the Estate of A. NORBERT SHEAR, Deceased.

Surrogate's Court, Allegany County.

October 22, 1999.

Attorney(s) appearing for the Case

Boylan, Brown, Code, Fowler, Vigdor & Wilson, L. L. P., Rochester (John M. Wilson, II, of counsel), for Constance Sparbel, proponent.

Chamberlain D'Amanda Oppenheimer & Greenfield, Rochester (K. Wade Eaton of counsel), for prospective objectant.

OPINION OF THE COURT

JAMES E. EUKEN, S.

Mr. A. Norbert Shear died on March 15, 1999, at the age of 83, survived by his wife and three children. The instrument offered for probate diminishes what his son Gregg Shear's inheritance would have been under a prior instrument. Mr. Shear asks the court to construe the effect that an in terrorem clause has on the interest of his named children as income beneficiaries ...

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