CITY BANK FARMERS TRUST CO. v. MASSIMO


276 A.D. 965 (1950)

City Bank Farmers Trust Company, as Trustee under The Will of Mary E. B. Field, Deceased, Appellant, v. Leone Massimo et al., Defendants; Vittorio Massimo et al., Appellants, and Isabella Massimo et al., Infants, by Edgar J. Bitz, Their Guardian ad Litem, Respondents

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

February 6, 1950.


As thus modified, the judgment is unanimously affirmed, insofar as appeal is taken, with costs to all parties filing briefs payable out of the estate.

The findings of fact and conclusions of law I and II are affirmed. Conclusions of law III and IV are reversed and in place thereof new conclusions consistent herewith will be made. The stirpital distribution provided for in the will in the event that the granddaughter of the testatrix had died without issue (Matter...

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