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MATTER OF REUSS

196 Misc. 24 (1949)

In the Matter of the Accounting of Arthur A. Gallagher, as Executor of Clotilda A. Reuss, Deceased.

Surrogate's Court, Queens County.

July 18, 1949.

Attorney(s) appearing for the Case

Stier & Kossman for executor, petitioner.

Raymond Keran O'Brien for Passionist Monastery.

Raymond A. McCourt for Friars of Atonement, Inc.

James J. Sullivan for Anne M. H. Muller.

SAVARESE, S.

Incidental to the judicial settlement of his account, the executor seeks a construction of two paragraphs of the will to determine to whom a legacy of $1,000 and half the residue are payable. Testatrix died November 6, 1945, leaving a will dated July 29, 1942. The paragraphs of the will requiring construction read as follows:

"Sixth: I give and bequeath unto my beloved sister, Anna Maria...

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