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MATTER OF AIMS

199 Misc. 185 (1950)

In the Matter of The Estate of Walton I. Aims, Deceased.

Surrogate's Court, New York County.

April 3, 1950.

Attorney(s) appearing for the Case

Moore, Oppido & van Horne for Manufacturers Trust Company, petitioner.

Joseph A. Cox for Francis J. Mulligan, as Public Administrator of New York County, respondent.

Debevoise, Plimpton & McLean for Peter M. Aimes, respondent.

Hatch, Wolfe, Nash & Ten Eyck for Elizabeth H. Woodward, respondent.

William Potter Lage for Eunice H. Thompson and another, respondents.

George A. Spohr, Jr., and P. E. Conforti for Amelia Rinoldi, respondent.

COLLINS, S.

The residuary legatee under the propounded will moves to strike out the answer and objections of respondents Eunice H. Thompson, Mary D. H. Thompson and Elizabeth H. Woodward. These respondents are not distributees of the testator. They have appeared on the basis of an allegation in their answer that they are named as legatees in a will which antedated the propounded instrument and which has not been...

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