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MATTER OF BANK OF NEW YORK & FIFTH AVE. BANK

279 A.D. 1055 (1952)

In the Matter of the Accounting of Bank of New York and Fifth Avenue Bank, as Trustee of a Trust for Jennie Moses under The Will of Selig Steinhardt, Deceased. Minnie L. Moses et al., Appellants; Bank of New York and Fifth Avenue Bank, as Trustee of a Trust for Jennie Moses under The Will of Selig Steinhardt, Deceased, and as Executor of Jennie Moses, Deceased, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 20, 1952.

Order affirmed, with $20 costs and disbursements to respondents.

SHIENTAG, J. (dissenting).

The will here in issue set up several trusts for testator's children, in one of which a life estate was given to his daughter, Jennie Moses, with the remainder disposed of, in pertinent part, as follows: "in case she shall survive my said wife and myself and die without leaving a descendant, then I give and devise the said houses and lots of land, in fee...

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