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EMMERICH v. CITY BANK FARMERS TRUST CO.

300 N.Y. 417 (1950)

Franz J. Emmerich, Appellant, v. City Bank Farmers Trust Company, as Executor and Trustee under The Will of Rudolph F. Emmerich, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided April 13, 1950

Attorney(s) appearing for the Case

Charles B. McGroddy, Jr., for appellant.

Alfred J. L'Heureux and Peter X. McManus for respondent.

LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

LOUGHRAN, Ch. J.

Francis J. Emmerich died November 20, 1892. By his will he left a substantial part of his estate to his sons Rudolph and Lewis in trust to pay the income therefrom to his daughter Marie Auguste during her life and at her death to pay the principal to her issue, if any, and, if none, then to pay the principal in equal shares to Rudolph and Lewis if both should survive Marie Auguste, but in the...

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