MATTER OF FRANKLIN NAT'L BANK


3 A.D.2d 750 (1957)

In the Matter of the Accounting of Franklin National Bank et al., Respondents, as Successor Trustees under The Will of Dudley G. Gautier, Deceased. Dudley G. Bird et al., Appellants; Robert M. Lewis et al., Respondents

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

March 4, 1957


Order affirmed, with costs to all parties filing separate briefs, payable out of the estate.

A reading of the entire will demonstrates an obvious intent on the part of the testator to treat the Bird and Witherbee branches of the family equally to the complete exclusion of the Charles E. Gautier branch. To adopt the construction urged by appellants might defeat this purpose. It would also result in a partial intestacy and in a later, rather than an earlier, vesting...

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