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Matter of Estate of Stevens

Decided: February 15, 1952.

IN THE MATTER OF THE ESTATE OF JAMES STEVENS, DECEASED


Haneman, J.s.c.

Haneman

Plaintiff herein seeks the construction of the will of James Stevens, deceased, who died on November 7, 1927.

Under the terms of said will, testator made a number of general pecuniary bequests to specified individuals by the first five paragraphs of his will.

The questions here involved concern themselves, generally, with the following:

In paragraph Fifth the testator bequeathed, inter alia , to "Demo , of Chouni, Greece. My Executors will know or ascertain the surname of the last named godchild."

Paragraphs Sixth, Seventh, Twelfth and Fifteenth in part read as follows:

"Sixth: I give and bequeath Five Thousand Dollars for the building of a school, to be built in Mavoula, Greece, for young girls residing in Mavoula, Greece.

Seventh: I give and bequeath Five Thousand Dollars toward the building of a hospital in Sparta, Greece, if none is built within

five years the said bequest to lapse and go into my residuary estate. If said hospital is built I would like a ward to be named in memory of Demetrios Stathopoulos.

Twelfth: I direct my hereinafter named Executors to collect the income from my estate and pay therefrom the sum of One Hundred Fifty Dollars per month to my said wife, Anna Stevens, until such time as my real estate shall have been sold, at which time I direct my hereinafter names Executors to pay over to the Trustee hereinafter named a sufficient sum of money up to Forty Thousand Dollars, as will, in the judgment of said Trustee, enable the said Trustee, to pay my said wife, Anna Stevens, One Hundred Fifty Dollars per month for the rest of her natural life. The use of the above house and the above set forth income for life shall be in lieu of all dower or claim of any kind or demand which my said wife, Anna Stevens, may have against my estate.

Fifteenth: When all bequests have been paid and the above set forth trust fund has been established, I direct my hereinafter named Executors to divide all the rest, residue and remainder of my estate into nine equal shares which I give, devise and bequeath a share each to my nine brothers and sisters, Anastasios Stathapoulos, John Stathopoulos, Ousta Stevens, Michael Stevens, Antonio Stathopoulos, Panagiota Tutules (formerly Stathopoulos), Stamatula Vavarugu (formerly Stathopoulos), Zaphira Hupe (formerly Stathopoulos), and Catherine Panyoti (formerly Stathopoulos), or the heirs of any of the said brothers and sisters who should predecease me, said heirs to take only the share their deceased ancestor would have taken if alive at the time of my death. This disposition is also to be made of the trust fund established to pay my wife, Anna Stevens, a life income, on the death of my said wife."

The general pecuniary bequests, except for paragraph Fifteenth, amounted to $46,000. After the payment to the widow, Anna Stevens, in the manner provided by said will, the balance in hand ...


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