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MATTER OF PERGAMENT

204 Misc. 384 (1953)

In the Matter of the Construction of The Will of Tobias T. Pergament, Deceased.

Surrogate's Court, New York County.

May 22, 1953.

Attorney(s) appearing for the Case

Sol Dubow for Elsie M. Pergament, petitioner.

Daniel G. Tenney, Jr., and John J. Duffy for Chase National Bank of the City of New York and another, as executors of Tobias T. Pergament, deceased, respondents.

Matthew H. Brandenburg, special guardian for Penny A. Pergament and others, infants, respondents.

FRANKENTHALER, S.

The widow has applied for a construction of articles fourth and sixth of decedent's will, and their effect, if any, on the antenuptial agreement entered into between decedent and the widow on March 14, 1950.

Article fourth of the will provides as follows: "FOURTH: I give, devise and bequeath to my beloved wife, ELSIE MARIE PERGAMENT, in lieu of all statutory rights that she may have...

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