MATTER OF TOMSON


75 Misc.2d 687 (1973)

In the Matter of The Estate of Alexander Tomson, Deceased.

Surrogate's Court, Erie County.

October 18, 1973


Attorney(s) appearing for the Case

Richard J. Diebold for Irma E. Riesterer, petitioner. James R. Walsh, guardian ad litem for George Tomson and another and unknown heirs. Louis J. Lefkowitz, Attorney-General (Warren M. Goidel and Allan S. Meyers of counsel), for State of New York.


WILLIAM J. REGAN, S.

This is a will construction proceeding presenting the question of applicability of EPTL 3-3.4 under circumstances where a residuary disposition becomes ineffective or lapses as to certain named beneficiaries.

The testator, Alexander Tomson, died August 26, 1970, leaving a last will and testament dated November 10, 1966, which was duly admitted to probate on October 29, 1970. The will by paragraph Second thereof provides as...

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