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MATTER OF DICK

9 Misc.2d 890 (1957)

In the Matter of The Estate of Adolph M. Dick, Deceased.

Surrogate's Court, New York County.

December 13, 1957.

Attorney(s) appearing for the Case

S. Pearce Browning, Henry N. Ess, III, and Louis S. Rodgers for Edward H. Green and another, as executors, petitioners.

Davis Polk Wardwell Sunderland & Kiendl for Olive C. Dick, respondent.

Henry H. Sternberg, special guardian for Direxa V. Dick and others, infants, respondent.

JOSEPH A. COX, S.

A question of construction is presented in the first intermediate accounting of the executors. Paragraph Sixth of testator's will reads as follows:

"SIXTH: All of the rest, residue and remainder of my estate of every kind and description I direct my Executor to divide into four (4) equal parts, and I give and devise said parts as follows: "(a) Three (3) of said parts to the issue me surviving of my brother, William...

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