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MATTER OF HOSFORD

309 N.Y. 23 (1955)

In the Matter of the Accounting of Bankers Trust Company, as Trustee under The Will of Isaac B. Hosford, Deceased, Respondent. James M. Engle et al., Appellants; Peter K. Engle et al., Respondents.

Court of Appeals of the State of New York.

Decided June 10, 1955

Attorney(s) appearing for the Case

Paul Bauman, Herman Goldman and Milton J. Levitt for James M. Engle, appellant.

Ruth Lewinson, special guardian, and Louis C. Fieland for Lani C. Engle, infant, appellant.

Copal Mintz, special guardian for June D. Brackett and others, infants, respondents, and for Barry S. Brackett, respondent.

Hugh L. Thomson for Bankers Trust Company, trustee, respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and BURKE, JJ., concur.

VAN VOORHIS, J.

This appeal is from an order affirming the Surrogate's construction of a will. The problem arises due to the death of one grandchild and the birth of another after the death of testator. The residuary estate is given in trust for his wife during her lifetime, to be divided into three equal parts upon her death. One of these parts is to be subdivided "into as many shares or portions as I may have...

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