MATTER OF FREUND


1 A.D.2d 884 (1956)

In the Matter of the Accounting of Harold H. Freund, as Trustee under The Will of Rose Weiland, Deceased, Respondent. Joseph Klingenstein et al., as Executors of Sophie C. Adler, Deceased, Appellants; Etta M. Greenspecht, as Administratrix of The Estate of Albert Greenspecht, Deceased, et al., Respondents

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

March 29, 1956


Decree, so far as appealed from, affirmed, with costs to all parties appearing and filing briefs herein payable out of the estate.

No opinion.

Peck, P. J., dissents and votes to reverse in the following memorandum:

I find in the context of this will and testamentary pattern persuasive evidence that the testator intended the principal of the trust to vest in the remaindermen. The clause in question is ambiguous. It certainly is not a clear...

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