MATTER OF WHITE


2 N.Y.2d 309 (1957)

In the Matter of the Probate of the Will of Lillian H. White, Deceased. Walter Haydock, Appellant; John Haydock et al., Respondents.

Court of Appeals of the State of New York.

Decided February 28, 1957.


Attorney(s) appearing for the Case

Raymond A. Carter, Samuel S. Duryee and Gilbert E. Dwyer for appellant.

Frank Delaney for Aimee H. Gerber and others, respondents.

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


DYE, J.

Lillian Haydock White, a childless widow, aged 78, died December 20, 1952, a resident of New York, leaving a purported last will and testament dated April 9, 1929 by which she attempted to dispose of her true estate and to exercise a power of appointment granted to her by the will of her father, John Haydock. A codicil thereto dated September 13, 1929, containing no dispositive provisions, was "solely...

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