MATTER OF ABLETT


2 A.D.2d 205 (1956)

In the Matter of the Accounting of S. Sheldon Judson et al., as Surviving Trustees under The Will of Eliza L. Ablett, Deceased, Respondents. Central Association for the Blind, Inc., et al., Appellants; Board of Governors of the London Hospital, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 11, 1956.


Attorney(s) appearing for the Case

Francisco Penberthy and Milton D. Nelson for Central Association for the Blind, Inc., appellant.

Moses G. Hubbard for Young Women's Christian Association, Inc., and another, appellants.

Arthur N. Gleason for Camp Healthmore, Inc., appellant.

Bartle Gorman and Francis P. Finnegan for Thomas A. Lissaman and others, appellants.

James Maxwell Fassett and Arnold E. Rubinstein for the Board of Governors of London Hospital, respondent.

Judson & Cardamone for trustees, respondents.

Jacob K. Javits, Attorney-General (Sidney Kelly, Jr., and James O. Moore, Jr., of counsel), for unknown beneficiaries.

All concur, BASTOW, J., in result only. Present — McCURN, P. J., KIMBALL, WHEELER, WILLIAMS and BASTOW, JJ.


WILLIAMS, J.

This is an accounting proceeding by the trustees under the will of Eliza Lillian Ablett. The will was executed in 1931, and testatrix died in the same year. Petitioners seek construction, in the light of events which have transpired, of paragraph 17 of the will, which, so far as relevant, provides: "Upon the death of James Vincent [testatrix' step-brother and the life beneficiary of the residuary...

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