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Wills, Trusts & Estates Keyed to Sterk
Matter of Marine Midland Bank, N.A.
Citation:
548 N.Y.S.2d 625 (1989)Facts
Testator’s 1955 will, probated in 1959, includes a clause (c) in paragraph Fifth that bequeaths part of a residuary trust to the “surviving child or children” of the testator’s deceased brother, Leonard. Jacqueline, Leonard’s surviving child, claims the entire portion, while appellants, the widow and children of Leonard’s other deceased child, Daniel, also claim entitlement. The testator’s will established two trusts, one of which provided income to brothers Leonard and Roy, with shares passing to their children upon their death. Leonard’s share was divided between Jacqueline and Daniel upon his death. After the death of the testator’s widow, Elsie, Roy received his share as per the will, but the distribution of Leonard’s share remains contested.
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