MATTER OF BANKERS TRUST CO.


1 A.D.2d 870 (1956)

In the Matter of the Accounting of Bankers Trust Company, as Surviving Trustee under The Will of Charles M. Englis, Deceased, Respondent Hanover Bank, as Executor of Ruth E. Whittlesey, Deceased, et al., Appellants; Russell W. Melcher et al., Respondents

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

March 13, 1956


Decree, insofar as appealed from, affirmed with costs.

BREITEL, J. P. (dissenting).

I dissent and vote to reverse the decree of the learned Surrogate insofar as it construed the will to imply a gift in favor of testator's sisters, per stirpes.

The will made a perfectly understandable disposition of the residuary estate to the wife, with life interests thereafter in favor of the children, and eventual remainder to surviving grandchildren...

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