MATTER OF EDWARDS


196 Misc. 772 (1949)

In the Matter of the Accounting of Francis E. Drake, Jr., as Executor of Gurden B. Edwards, Deceased.

Surrogate's Court, Monroe County.

November 21, 1949.


Attorney(s) appearing for the Case

Arthur V. D. Chamberlain for executor, petitioner.

George C. Gordon, III, for Loretta V. Smithlin, respondent.


WITMER, S.

Upon this judicial settlement proceeding respondent, Loretta V. Smithlin, claims that by virtue of paragraph "Second" of the will she is entitled to share equally in the proceeds of a certain life insurance policy paid to testator's estate in the sum of $2,749.10. It is the petitioner's view that such proceeds pass under the residuary clause, to wit, paragraph "Ninth", in which Dorothy Edwards Drake, wife of petitioner, is named as sole beneficiary...

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