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MATTER OF PIEL

10 N.Y.3d 163 (2008)

884 N.E.2d 1040

855 N.Y.S.2d 41

In the Matter of the Accounting by FLEET BANK, as Trustee of the Trust for the Benefit of BARBARA W. PIEL, Now Deceased, under Indenture with FLORENCE S. WOODWARD, Dated December 28, 1926, Appellant. ELIZABETH McNABB, Intervenor-Respondent; LILA PIEL-OLLMANN et al., Appellants. (And Another Proceeding.)

Court of Appeals of the State of New York.

Decided March 13, 2008.

Attorney(s) appearing for the Case

Harris Beach PLLC, Pittsford (A. Vincent Buzard, Edward D. Bloom and Gregory J. McDonald of counsel), Wakelin, Hallock & O'Donovan, LLP, Portland, Maine (David S. Wakelin of counsel), and Eugene P. LaBue, Rochester, for appellants.

Boylan Law Office, LLP, LeRoy (Paul S. Boylan and Laurence C. Boylan of counsel), for intervenor-respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

Chief Judge KAYE.

In Matter of Best (66 N.Y.2d 151 [1985]), this Court relied on strong policy considerations to conclude that a child adopted out of the family by strangers does not presumptively share in a class gift to the biological parent's issue established in the biological grandmother's 1973 testamentary trust. This appeal presents the...

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