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MATTER OF ROSENTHAL

307 N.Y. 715 (1954)

In the Matter of the Construction of The Will of Abraham S. Rosenthal, Deceased. Jean L. Tanburn, Respondent; Rhea S. Hoffheimer et al., as Trustees under The Will of Abraham S. Rosenthal, Deceased, et al., Appellants.

Court of Appeals of the State of New York.

Decided July 14, 1954

Attorney(s) appearing for the Case

Francis S. Bensel, Albert B. Maginnes, Leonard A. Blue and Robert Ehrenbard for Rhea S. Hoffheimer and others, appellants.

Nathaniel L. Goldstein, Attorney-General (Henry S. Manley and Wendell P. Brown of counsel), appellant in person.

Leo H. Hirsch, Jr., appellant in person, and for Samuel R. Feller, appellant.

Joseph M. Proskauer, Jack M. Ginsberg, J. Alvin Van Bergh, Charles Looker, Norma Hack and Philip J. Hirsch for respondent.

Concur: LEWIS, Ch. J., DESMOND, DYE and VAN VOORHIS, JJ. FULD, J., dissents in the following opinion in which CONWAY and FROESSEL, JJ., concur.

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

FULD, J. (dissenting).

I cannot agree with the court's holding that the testator, Abraham S. Rosenthal, intended to except, from his prohibition against marriage with one not of the Jewish faith, a descendant of his who might be an appointee under the power of appointment given to his grandson, Stephen Tanburn.

We gather...

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