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MATTER OF HIGGINS

304 N.Y. 640 (1952)

In the Matter of the Construction of The Will of Eugene Higgins, Deceased. United States Trust Company of New York, as Executor of and Trustee under The Will of Eugene Higgins, Deceased, et al., Appellants; Helene R. Chappelle et al., Respondents.

Court of Appeals of the State of New York.

Decided June 6, 1952

Attorney(s) appearing for the Case

Richard S. Baxter for United States Trust Company of New York, as executor of and trustee under the will of Eugene Higgins, deceased, appellant.

Louis Connick for Harvard University and others, appellants.

Ethan A. Hitchcock and Lee McCanliss for Helene R. Chappelle, respondent.

Milton Schilback for Edmee Chappelle, respondent.

David Du Vivier for United States Trust Company of New York, as trustee under indentures of trust of Eugene Higgins, respondent.

Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE, FULD and FROESSEL, JJ. Not sitting: CONWAY, J.

Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate...

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