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MATTER OF POTTER

281 A.D. 981 (1953)

In the Matter of the Construction of The Will of Nathaniel Potter, Deceased. Fred J. Munder et al., as Acting Successor Trustees under The Will of Nathaniel Potter, Deceased, et al., Appellants; Ethel F. Young, Individually and as Executrix of Bertha L. Young, Deceased, et al., Respondents

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

April 13, 1953.

Decree of the Surrogate's Court, Suffolk County, affirmed, with costs to all parties filing briefs, payable out of the estate.

No opinion.

Nolan, P. J., dissents and votes to reverse the decree and to remit the matter to the Surrogate's Court, with the following memorandum:

The trust provisions of the will considered as a whole indicate that the testator's paramount intention was to create a trust for the general charitable purpose of...

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