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MATTER OF GAHAN

276 A.D. 647 (1950)

In the Matter of the Construction of The Will of Andrew Gahan, Deceased James W. Coleman, Special Guardian for Lawrence Williams and Others, Infants, et al., Appellants; Anna Gahan, Respondent

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

May 3, 1950.

Attorney(s) appearing for the Case

Edward H. O'Connor, Jr., for Helen G. Williams, as executrix of Andrew Gahan, deceased, appellant.

James W. Coleman, in person, as special guardian and for infant remaindermen, appellant.

M. Francis Malone for respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER and COON, JJ., concur.

BERGAN, J.

For many years the testator and his wife lived apart. Matrimonial litigation between them in 1926 was inconclusive in its effect. In 1947 the testator executed a will which provided in respect of the wife: "I give, devise and bequeath to my wife, Anna Gahan, should she survive me, that portion of my estate to which she is entitled under the laws of the State of New York".

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