Decree insofar as appealed from reversed on the law and facts, with costs to all parties filing briefs payable out of the estate, and proceeding remitted to the Surrogate of Erie County for further proceedings in accordance with the memorandum.
Memorandum:
The main subject of the controversy presented on this appeal involves paragraph "EIGHTH" of the will of decedent. The Surrogate has held the trust set up by said paragraph to be invalid. We reach a contrary...
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