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MATTER OF McCABE

269 A.D.2d 727 (2000)

703 N.Y.S.2d 559

In the Matter of the Estate of PAUL J. McCABE, Deceased. ROBERT D. KIERNAN, SR., et al., as Coexecutors of PAUL J. McCABE, Deceased, Respondents; SISTERS OF ST. JOSEPH et al., Respondents. JOHN R. McGLENN, as Guardian ad Litem, Appellant.

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

Decided February 24, 2000.

Cardona, P. J.

This appeal involves a dispute over the interpretation of a provision of the last will and testament of decedent, a Roman Catholic priest who died on August 25, 1998 with no immediate family. Decedent appointed his cousin, petitioner Jean R. Kiernan, and her husband, petitioner Robert D. Kiernan, Sr., as coexecutors of the will. In the fifth paragraph thereof, he established a trust comprised of "any and all stocks and/or bonds which shall be owned...

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