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  5. 66 N.Y.2d 151 (1985)
 

MATTER OF BEST

66 N.Y.2d 151 (1985)

In the Matter of The Estate of Jessie C. Best, Deceased. Anthony R. Reid, Appellant; David L. McCollum, Respondent.

Court of Appeals of the State of New York.

Decided October 24, 1985.

Attorney(s) appearing for the Case

Devereux Milburn, Richard B. Covey, Dan T. Hastings and R. Demarest Duckworth, III, for appellant.

David S. J. Neufeld for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE and ALEXANDER concur with Judge TITONE; Judge JASEN dissents and votes to affirm in a separate opinion in which Judge MEYER concurs.

TITONE, J.

The question presented is whether a child born out of wedlock, who is adopted out of his biological family at birth, is entitled to a share of a trust estate devised by his biological grandmother to her daughter's issue. The Surrogate's Court entered a decree in the child's favor, which has been unanimously affirmed by the Appellate Division. We granted leave...

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