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MATTER OF IVIE

4 N.Y.2d 178 (1958)

In the Matter of the Construction of the Will of Alvin E. Ivie, Deceased. William A. Hyman, as Special Guardian for Anthony Bijou and Others, Infants, Appellants; Gladys I. Miller et al., as Executors of Alvin E. Ivie, Deceased, and as Administrators of The Estate of Henrietta Ivie, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 3, 1958.

Attorney(s) appearing for the Case

William A. Hyman, in person, and Harold W. Hayman for William A. Hyman, special guardian for Anthony Bijou and others, infants, appellant.

William K. Allison and Harold A. Meriam, Jr., for Trustees of the Protestant Episcopal Church in New Hampshire, respondents.

Louis J. Lefkowitz, Attorney-General (Abe Wagman, Paxton Blair and Julius Greenfield of counsel), respondent in person.

R. Daniel Saxe, Jr., and Frank M. Foley for Gladys I. Miller and another, respondents.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS concur.

BURKE, J.

Alvin E. Ivie and his wife created, on December 30, 1932, the Florence Catherine Ivie Trust to maintain the Ivie Memorial Church of the Messiah in Bethlehem, New Hampshire. Ivie was the sole trustee. The trust agreement provided that, upon his death, the successor trustees would be the trustees of the Protestant Episcopal Church in New Hampshire or, if the Ivie Church became a separate parish, the rector...

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