MATTER OF SNYDER


282 A.D. 887 (1953)

In the Matter of the Accounting of Louis P. Snyder et al., as Surviving Executors and Trustees under The Will of Elisabeth Campbell, Deceased, and of Sanford Chafee, as Administrator of The Estate of Carl F. Hofferberth, Deceased Executor of Elisabeth Campbell, Deceased. New Rochelle Hospital et al., Appellants; Morris Gutt, Special Guardian of Carl F. Hofferberth, Jr., and Another, Infants, et al., Respondents

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

October 19, 1953.


Decree affirmed, with costs to all parties filing briefs, payable out of the estate.

No opinion.

Nolan, P. J., and Adel, J., dissent and vote to reverse, with the following memorandum:

We accept the conclusion that the will of Elisabeth Campbell created a vested remainder in her nephew, Carl Hofferberth, which was subject to being divested only on the occurrence of the precise contingency provided in the will. It is our opinion, however, that the contingency...

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