MATTER OF COURT


196 Misc. 286 (1949)

In the Matter of the Accounting of Francis J. Mulligan, Public Administrator of The County of New York, as Administrator C. T. A. of Rose B. Court, Deceased.

Surrogate's Court, New York County.

August 15, 1949.


Attorney(s) appearing for the Case

Joseph A. Cox for administrator c. t. a., petitioner.

Thomas W. Constable for Frank E. Campbell, respondent.


FRANKENTHALER, S.

Testatrix gave certain cash legacies to each of her sisters (and one cousin) and other specific or residual legacies to each of her brothers. In the gifts to all but one of the male members she provided "if he do [sic] not survive me, then to his children, share and share alike." One of the brothers who predeceased the testatrix left him surviving no children, but three grandchildren, born of a child who died prior to both the...

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