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MATTER OF BANKERS TRUST CO.

282 A.D. 1026 (1953)

In the Matter of the Accounting of Bankers Trust Company, as Trustee under The Will of Isaac B. Hosford, Deceased, Respondent. James M. Engle et al., Appellants-Respondents; Richard W. Dammann, as Special Guardian for Michael J. Miller, Respondent-Appellant; Peter K. Engle et al., Respondents

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

December 8, 1953.

Decree, so far as appealed from, affirmed.

No opinion.

Breitel, J., dissents in part in the following memorandum:

The words "remaining grandchildren" as used in the will, read in the context of the will, were not intended to exclude after-born grandchildren. Matter of Watson (262 N.Y. 284) is distinguishable. The language used in the will in that case differs from the language used here. It referred to "said surviving grandchildren...

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