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Matter of Birdsell

Court of Appeals of the State of New York
Jan 17, 1947
72 N.E.2d 26 (N.Y. 1947)

Opinion

Argued January 6, 1947

Decided January 17, 1947

Appeal from the Supreme Court, Appellate Division, Third Department, VOSBURGH, S.

John D. Wood for appellant.

Floyd J. Reinhart for respondent.


Order affirmed, with costs to all parties appearing separately and filing briefs payable out of the estate. No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, THACHER and FULD, JJ. Taking no part: CONWAY, J.; DESMOND and DYE, JJ., dissent on the ground that paragraph fifth of the will, which is clear and complete, plainly devises and bequeaths the residue to the appellant church under the circumstances existing at testatrix' death.


Summaries of

Matter of Birdsell

Court of Appeals of the State of New York
Jan 17, 1947
72 N.E.2d 26 (N.Y. 1947)
Case details for

Matter of Birdsell

Case Details

Full title:In the Matter of the Will of CLARA BIRDSELL, Deceased. JULIA WELLS…

Court:Court of Appeals of the State of New York

Date published: Jan 17, 1947

Citations

72 N.E.2d 26 (N.Y. 1947)
72 N.E.2d 26

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