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MATTER OF DAWE

2014-33309.

60 Misc.3d 949 (2018)

81 N.Y.S.3d 727

2018 NY Slip Op 28233

In the Matter of BARRY DAWE, Co-Executor, Petitioner, for a Determination as to the Validity, Construction and Effect of the Last Will and Testament of ALAN ROBERT DAWE, Also Known as ALAN R. DAWE, Deceased.

Surrogate's Court, Madison County.

Decided July 23, 2018.

Attorney(s) appearing for the Case

Daniels, Porco & Lusardi, LLP ( David E. Daniels and Cristen G. M. Rescigno of counsel) for petitioner.

David E. Sonn for Judith J. DeMuro, respondent.

Bond, Schoeneck & King, PLLC ( Thomas Bezigian Jr. and John F. Boyd II of counsel), for Godfrey Memorial Library, respondent.

Barbara D. Underwood , Acting Attorney General ( Christopher Wiles of counsel), for ultimate charitable beneficiaries.

OPINION OF THE COURT

Barry Dawe, brother of the decedent Alan R. Dawe and co-executor of his estate (hereafter, Barry), seeks the judicial construction of a portion of his brother's will. Aside from a gift of the decedent's 13-year-old cat and $6,000 for her care and upkeep, no other bequest was made for him in...

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