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MATTER OF SHUPACK

1 N.Y.2d 482 (1956)

In the Matter of the Construction of the Will of Irving Shupack, Deceased. In the Matter of The Estate of Irving Shupack, Deceased. Edward Morrison, as Executor of Irving Shupack, Deceased, et al., Appellants; Florence Shupack et al., Respondents. (Consolidated Proceedings.)

Court of Appeals of the State of New York.

Decided July 11, 1956.

Attorney(s) appearing for the Case

Edward Morrison, in person, Irving L. Young and Alfred M. Schaffer for Edward Morrison, appellant.

Robert T. Groh, special guardian, and Arthur J. McGee for Harold Shupack and another, infants, appellant.

Arthur C. Parker for Florence Shupack, respondent.

DYE, FROESSEL, VAN VOORHIS and BURKE, JJ., concur with FULD, J.; CONWAY, Ch. J., dissents in an opinion in which DESMOND, J., concurs.

FULD, J.

Irving Shupack died in October of 1953, survived by his wife, a son and a daughter. His will, admitted to probate a month later, contained an absolute legacy of $2,500 to his wife and gave the residue of his estate to a trustee (also named as executor) "to be divided into three equal parts". One part was placed in trust for the benefit of his wife for life; upon her death, it was provided, the trust was...

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