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MATTER OF WILDENSTEIN

204 Misc. 248 (1953)

In the Matter of the Construction of The Will of Felix Wildenstein, Deceased.

Surrogate's Court, New York County.

May 1, 1953.

Attorney(s) appearing for the Case

Arthur Richenthal and Herbert L. Ortner for Leonard H. Bernheim and another, as executors of Felix Wildenstein, deceased, petitioners.

Matthew J. Shevlin for Evelyn W. Bowen, respondent.

Lawrence E. Brinn for Andree K. Dormeuil, respondent.

Emmet, Marvin & Martin for Bank of New York, as general guardian of Martin R. Bowen and another, infants, respondents.

John J. Fay, special guardian of Michael C. Bowen, an infant, respondent.

FRANKENTHALER, S.

In this proceeding the court is asked to determine the construction and effect of the following paragraph of the will: "Fourth: I give and bequeath all my wearing apparel, similar personal effects and any and all personal jewelry to my beloved daughters, Evelyn W. Bowen, if she shall survive me, and Andree K. Dormeuil, if she shall survive me, in equal shares, and any determination of the distribution to be made under this paragraph...

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