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MATTER OF CAMPBELL

307 N.Y. 29 (1954)

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.

Court of Appeals of the State of New York.

Decided April 23, 1954

Attorney(s) appearing for the Case

John Lane, James T. Heenehan, Edmond M. Hanrahan and Warren J. Dawson for New Rochelle Hospital and another, appellants.

Richard J. Turk, Jr., and Harry A. Leigh for Manhattan Eye, Ear and Throat Hospital, appellant.

John J. Dillon and Edward F. Asip for Sanford Chafee, as administrator, respondent.

Morris Gutt, special guardian for Carl F. Hofferberth, Jr., and another, infants, respondents.

LEWIS, Ch. J., CONWAY, DESMOND, DYE and FROESSEL, JJ., concur with FULD, J.; VAN VOORHIS, J., dissents in opinion.

FULD, J.

Elisabeth Campbell died in January of 1943, leaving a will in which she placed the bulk of her estate in trust — to be measured by the lives of her sister, Bertha Hofferberth, and of her cousin, Emily Van Hovenberg — for the benefit of those two and a nephew, Carl Hofferberth. The income, the will provided, was to be divided among Bertha, Emily and Carl, and, upon the termination of the trust, its corpus...

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