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MATTER OF O'BRIEN

165 Misc.2d 459 (1995)

627 N.Y.S.2d 544

In the Matter of The Estate of John F. O'Brien, Deceased.

Surrogate's Court, Rensselaer County.

May 24, 1995

Attorney(s) appearing for the Case

Williams & Clobridge, P. C. (Kurt D. Clobridge of counsel), for Rosemary Campbell, petitioner. John P. Pelosi for John F. O'Brien Foundation and another, respondents. Dennis C. Vacco, Attorney-General (Donald P. Segal of counsel), for charitable beneficiaries.

CONRAD H. LANG, JR., S.

This is a contested construction proceeding. The court is called upon to determine the residuary beneficiary of the last will and testament of John F. O'Brien.

Paragraph FOURTH of the decedent's last will and testament dated December 29, 1989, reads as follows: "All of the rest, residue and remainder of my estate, both real and personal and of whatever nature and wherever situate...

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