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MATTER OF THURSTON

192 Misc.2d 344 (2002)

746 N.Y.S.2d 343

In the Matter of the Estate of PHILLIP B. THURSTON, Deceased.

Surrogate's Court, Westchester County.

May 9, 2002.

Attorney(s) appearing for the Case

Lester Rosenbaum, Yorktown Heights, for estate.

Magdalen Gaynor, White Plains, for Community Funds, Inc.

Emmet Marvin & Martin, LLP, New York City (Lawrence B. Thompson of counsel), for Leake & Watts Services Inc.

RubinBaum LLP, New York City (Brit Eiger of counsel), for Children's Aid Society.

Lawrence Newman, New York City, for Trustees of Columbia University in City of New York.

Eliot Spitzer, Attorney General, New York City (Howard Holt of counsel), for ultimate charitable beneficiaries.

OPINION OF THE COURT

ANTHONY A. SCARPINO, JR., S.

The petitioner, coexecutor of the estate of Phillip B. Thurston (decedent), brings this application pursuant to SCPA 1420 for an interpretation of paragraph Fourth of decedent's last will and testament. The will was executed on January 28, 1978, and admitted to probate on April 25, 1986, after the death of the testator on April 3, 1986. After eight modest...

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