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MATTER OF ROSS

281 A.D. 470 (1953)

In the Matter of the Accounting of Harry F. Whiton et al., as Trustees under The Will of Emma D. Ross, Deceased, Respondents. Jeanette B. Donnell, Appellant; Charles Adey et al., Respondents

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

March 12, 1953.

Attorney(s) appearing for the Case

Desmond F. Reilly for appellant.

Carl O. Olson for Harry F. Whiton and another, as trustees, respondents.

Joseph B. Mulholland for Charles Adey and others, respondents.

FOSTER, P. J., COON and IMRIE, JJ., concur with BERGAN, J., HALPERN, J., dissents in an opinion.

BERGAN, J.

Testatrix created in her will a life estate in trust for the benefit of her niece. She provided: "After the decease of my said niece" that "my estate" is to be "distributed" in accordance with certain paragraphs of the will which followed.

The paragraph that has caused the controversy contains the expression "I give, devise and bequeath" a certain fractional...

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