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MATTER OF NAT'L COMMERCIAL BANK & TRUST CO. OF ALBANY

307 N.Y. 658 (1954)

In the Matter of the Accounting of National Commercial Bank and Trust Company of Albany, as Executor of Lilian G. McChesney, Deceased. In the Matter of the Construction of The Will of Lilian G. McChesney, Deceased. William F. Hahn, Jr., as Executor of Peter M. Crounse, Deceased, Appellant; National Commercial Bank and Trust Company of Albany, as Executor of Lilian G. McChesney, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 27, 1954

Attorney(s) appearing for the Case

John J. Scully and William F. Hahn, Jr., in person, for William F. Hahn, Jr., appellant.

Max H. Zuckerman and Vernon Stuart for Le Roy Crounse and others, respondents.

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

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

DYE, J. (dissenting).

I dissent and vote to reverse. When the testatrix directed the residue of her estate to be distributed "in such proportions or ratio as my said husband distributed his residuary estate", she intended an unequal division thereof in the ratio used by the husband. The...

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