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MATTER OF WOJTKOWIAK

276 A.D. 942 (1950)

In the Matter of the Construction of The Will of Pelagia Wojtkowiak, Deceased. Wallace Wojtkowiak et al., Appellants; Conrad Wojtkowiak et al., Respondents

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

January 5, 1950.

Decree modified in accordance with the memorandum and as modified affirmed, without costs of this appeal to any party.

Memorandum:

The Surrogate's Court had jurisdiction to construe the will in this proceeding and to determine what title was devised and to whom. (Surrogate's Ct. Act, §§ 40, 145; Matter of Engel, 140 Misc. 276; Matter of Walsh, 146 Misc. 56.) We agree with the construction placed upon the will by the Surrogate's Court...

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