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MATTER OF SCALE

38 A.D.3d 983 (2007)

830 N.Y.S.2d 618

In the Matter of the Estate of FREDERICK A. SCALE, Deceased. JANE MANCE, Petitioner; AUDUBON SOCIETY OF NEW YORK STATE, INC., Appellant, and NATIONAL AUDUBON SOCIETY, INC., Respondent.

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

Decided March 1, 2007.

Mercure, J.

Frederick A. Scale (hereinafter the testator) died on June 4, 2002. His last will and testament, dated April 3, 2002, was duly admitted to probate on July 30, 2002, and letters testamentary were issued to petitioner, as the named executor. Petitioner seeks a determination of the validity, construction and effect of the disposition of property contained in paragraph 2F of the testator's will, in which the testator devised 10% of his residuary estate to...

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