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MATTER OF RECKFORD

307 N.Y. 165 (1954)

In the Matter of the Probate of The Will of Samuel J. Reckford, Deceased. In the Matter of the Application for a Compulsory Accounting in The Estate of Florence L. Reckendorfer, Deceased. Janet Reckford et al., as Executors of Joseph S. Reckford, Deceased, et al., Appellants; Richard P. Limburg, as Executor of Samuel J. Reckford, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 3, 1954

Attorney(s) appearing for the Case

George A. Spiegelberg, William I. Riegelman and Dora Furth for executors, appellants.

Andrew Y. Rogers and J. Dormer Cannon for Edith F. Limburg, as committee, appellant, and F. Van Siclen Parr, Jr., and Jacob P. Howard for Edith F. Limburg, appellant.

Seymour J. Wilner and Charles Tolleris for Dorine Campbell, respondent.

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

VAN VOORHIS, J.

This appeal concerns the personal property in the residuary estate of Florence J. Reckendorfer, who died in 1907. She gave the life use of it without the appointment of a trustee to her husband Samuel J. Reckendorfer, who later changed his name to Reckford, and, upon his death, she directed that it should go to such of their children or their children's issue as her surviving husband might by will appoint....

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