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MATTER OF BRAHANEY

117 Misc.2d 46 (1982)

In the Matter of The Estate of James H. Brahaney, Deceased.

Surrogate's Court, Cattaraugus County.

November 30, 1982

Attorney(s) appearing for the Case

Hornburg, Diggs & Marks, P. C. (Earl Hornburg of counsel), for estate. Miller, Farmelo, Cane & Greene (Joseph C. Cane of counsel), for children of Raymond Brahaney. Shane & Franz (David M. Franz of counsel), for children of Francis T. Brahaney. Moriarty & Swanz for residuary legatees of Olive Brahaney. Mark Wattenberg, guardian ad litem for Lyn M. Eshelman and others, infants.

EDWARD M. HOREY, S.

The proceeding is one for construction of those provisions in the will of the testator which created (a) a trust for the benefit of one Olive Brahaney, and (b) a trust for the benefit of one Geraldine Brahaney.

OLIVE BRAHANEY TRUST

In the disposition of his residuary estate, the testator directed in clause (d) of paragraph VI that one fifth of his residuary estate be used for the creation of a trust for the

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