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MATTER OF BUTLER

1 A.D.2d 548 (1956)

In the Matter of the Construction of The Will of Basil G. Butler, Deceased. Ada L. Ghezzi, as Administratrix of The Estate of Mercedes De Leon, Deceased, Appellant; James M. Ross, as Trustee under The Will of Basil G. Butler, Deceased, et al., Respondents

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

May 15, 1956.

Attorney(s) appearing for the Case

Arnold J. Brock for appellant.

Samuel Ruderman for Helen L. Butler and others, respondents.

PECK, P. J., BREITEL, BOTEIN and RABIN, JJ., concur.

COX, J.

The administratrix of the life beneficiary of a trust appeals from a decree of the Surrogate's Court which directed distribution of the remainder of the trust estate of Basil Gordon Butler, deceased, based upon a construction of paragraph 7 of the last will and testament of the decedent, adjudging that there was no effective disposition of the remainder of the trust and that it passed by intestacy to the...

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