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MATTER OF POTTER

307 N.Y. 504 (1954)

In the Matter of the Construction of The Will of Nathaniel Potter, Deceased. Fred J. Munder et al., as Acting Successor Trustees under The Will of Nathaniel Potter, Deceased, et al., Appellants; Ethel F. Young, Individually and as Executrix of Bertha L. Young, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 14, 1954

Attorney(s) appearing for the Case

William L. Storey and John M. Lockwood for trustees, appellants.

Nathaniel L. Goldstein, Attorney-General (Abe Wagman and Wendell P. Brown of counsel), in person, for Nathaniel L. Goldstein, appellant.

John Clark Toaz for Union Free School District No. 3 of the Town of Huntington, appellant.

Richard C. Cotter, special guardian for infants, incompetents, or unknown heirs at law, respondents, and Charles H. Street for Ethel F. Young, respondent.

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

CONWAY, J.

The facts here are not in dispute. On November 21, 1841, one Nathaniel Potter died, leaving a will which had been executed on November 9, 1841. During his lifetime the decedent had been one of the founders of a private educational institution situated in the town of Huntington, N. Y., and known as the Huntington Academy. That academy had been organized in about 1793, and it continued to function until 1858, when...

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