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MATTER OF ABLETT

3 N.Y.2d 261 (1957)

In the Matter of the Accounting of S. Sheldon Judson et al., as Surviving Trustees under the Will of Eliza L. Ablett, Deceased, Respondents. Central Association for the Blind, Inc., et al., Appellants; Board of Governors of the London Hospital, Respondent.

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

Milton D. Nelson, Moses G. Hubbard, Francisco Penberthy and Arthur N. Gleason for Central Association for the Blind, Inc., and others, appellants.

Francis P. Finnegan and Bartle Gorman for Myrtle L. Wilson and others, appellants.

James Maxwell Fassett and Arnold E. Rubinstein for Board of Governors of London Hospital of Whitechapel, London, England, respondent.

Louis J. Lefkowitz, Attorney-General (Sidney Kelly, Jr., and James O. Moore, Jr., of counsel), respondent, in his statutory capacity under section 12 of the Personal Property Law.

DESMOND, DYE, FULD, FROESSEL and BURKE, JJ., concur with CONWAY, Ch. J.; VAN VOORHIS, J., dissents in an opinion.

CONWAY, Ch. J.

This is a proceeding brought by the trustees under the will of Eliza Lillian Ablett, deceased, to construe her will in order to determine to whom that one-fifth share of the residuary estate should be paid which, under paragraph Seventeenth of the will, the trustees were directed to pay to the London Hospital of Whitechapel, London, England. The Surrogate and the Appellate Division have agreed that...

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