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MATTER OF BROOKLYN TRUST CO.

302 N.Y. 787 (1951)

In the Matter of the Accounting of Brooklyn Trust Company et al., as Trustees under The Will of Euretta J. Schlegel, Deceased, Respondents. Trustees of Columbia University, Appellant; Agnes K. Bower, Individually and as Executrix of Sibyl M. Bower, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 13, 1951

Attorney(s) appearing for the Case

William J. O'Shea, John Godfrey Saxe and Henry J. Kennedy for appellant.

Nathaniel Rubin and Clarence J. Drake for Agnes K. Bower and others, respondents.

Concur: LOUGHRAN, Ch. J., CONWAY, FULD and FROESSEL, JJ.; Dissent: LEWIS, DESMOND and DYE, JJ.

Decree affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate. No opinion.

LEWIS, DESMOND and DYE, JJ., dissent and vote for reversal in the following memorandum:

When the will is read as a whole, it is clear that the testatrix intended a ratable distribution of the remainder of the Sibyl M. Bower trust among the named beneficiaries. (Matter of Low, 232...

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