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MATTER OF JONES

306 N.Y. 197 (1954)

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

Court of Appeals of the State of New York.

Decided January 8, 1954

Attorney(s) appearing for the Case

Frederick A. Keck and Harold S. Meltzer for appellant in both above-entitled proceedings.

Jack Korshin for Theodore B. Klapper and others, respondents in first above-entitled proceeding and for respondent in second above-entitled proceeding.

Mary Gardiner Jones, respondent in person, and for Anna L. Watkins and another, respondents in first above-entitled proceeding.

Frank P. Broz for Mary H. Jones and another, respondents in first above-entitled proceeding.

LEWIS, Ch. J., DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur.

CONWAY, J.

Two proceedings are involved herein. The first is brought by the successor trustee under the last will and testament of one Mary E. Jones, deceased, for a construction of the language of that will conferring a power of sale upon the trustees. The second is brought on behalf of the successor trustee and by the caretaker of the real property involved for an order restraining appellant, Rosalie G. Jones...

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