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MATTER OF GRANTHAM

279 A.D. 658 (1951)

In the Matter of the Construction of The Will of Jessie E. Grantham, Deceased. Charles A. Lott, as Executor of Ethal M. Lott, Deceased, Appellant; Esther Margulies, as Executrix of Jessie E. Grantham, Deceased, et al., Respondents

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

November 5, 1951.

As so modified the decree is affirmed, with costs payable to all parties filing briefs, payable out of the estate. Appeal from decree entered April 19, 1951, denying appellant's motion to vacate the decree entered December 29, 1950, dismissed, without costs.

Paragraph "Third" of the will does not describe or refer to any property which is to be given nor does it mention or describe who is to receive it. Whatever the intention...

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