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MATTER OF McDONNELL

45 Misc.2d 1062 (1965)

In the Matter of The Estate of Edward O. McDonnell, Deceased.

Surrogate's Court, Nassau County.

April 20, 1965

Attorney(s) appearing for the Case

T. Roland Berner for petitioners. Francis J. Werber for Helen F. McDonnell, objectant. Jackson Nash Brophy Barringer & Brooks for Ann M. Kendall, respondent. Abraham Schlissel, as special guardian for Susan Barry, and others, infants.

JOHN D. BENNETT, S.

This is a motion for an order amplifying so much of this court's decision of February 4, 1965, as stated that "the executors may not satisfy the amount of the marital trust bequest in cash without adding to such bequest its proportionate share in the appreciation realized by the estate" (Matter of McDonnell, 45 Misc.2d 57, 59).

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