MATTER OF JONES


281 A.D. 900 (1953)

In the Matter of the Construction of The Will of Mary E. Jones, Deceased. Theodore B. Klapper, as Sole Surviving Trustee under The Will of Mary E. Jones, Deceased, et al., Respondents; Rosalie G. Jones, Appellant

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

March 23, 1953.


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

No opinion.

Adel and Schmidt, JJ., dissent and vote to reverse the decree and to remit the proceeding to the Surrogate's Court, Nassau County, for the entry of a decree not inconsistent with the following memorandum:

The trust here under consideration is created by the "Fifteenth" paragraph of the decedent's will and that paragraph contains the power of sale which...

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