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MATTER OF PHIPPS

2 N.Y.2d 105 (1956)

In the Matter of the Appointment of a Successor Trustee of the Trust under the Will of Edward L'E Phipps, Deceased. Francis H. Phipps, Respondent; Coralie E. Phipps, Appellant.

Court of Appeals of the State of New York.

Decided November 16, 1956.

Attorney(s) appearing for the Case

Meyer K. Sanoff and Alvin Miller for appellant.

Harold M. Edwards for respondent.

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

FULD, J.

Edward L'E Phipps died in December of 1947. In his will, he made a number of bequests, created a trust of certain real property in the City of Mount Vernon and left his residuary estate to his wife Coralie. More specifically, by Paragraph Fourteenth, he gave and devised to his "Executors and (or) Trustees hereinafter named, in trust," the Mount Vernon property "to keep and manage * * * and to receive...

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