MATTER OF SWEAZEY


2 A.D.2d 292 (1956)

In the Matter of the Accounting of The First National Bank of Ithaca, as Successor Trustee under The Will of Almira J. Sweazey, Deceased. Helen G. Wager, Appellant; Jane Moss et al., Respondents

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

July 10, 1956.


Attorney(s) appearing for the Case

Louis K. Thaler and Manley H. Thaler for appellant.

Allan H. Treman for Jane Moss and another, respondents.

William J. Gordon and James A. Haynes, Jr., for Mina Brashear, respondent.

Edward W. King for Clarence C. Brashear, respondent.

Allen H. Treman and James J. Clynes, Jr., for Lura E. Purcell, respondent.

FOSTER, P. J., BERGAN, COON and GIBSON, JJ., concur.


HALPERN, J.

Upon this appeal, we have before us another case involving the question of whether a requirement of survival to the time of distribution should be implied in the gift of a future interest — a question which has been a prolific source of litigation.

Almira J. Sweazey, the testratrix, died on March 13, 1912 leaving a will dated February 19, 1905. At the time she drew the will, the testatrix...

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