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MTR. OF BOTJER (FISHER FOUND.)

9 A.D.2d 208 (1959)

In the Matter of Arthur H. Botjer, as Director and Trustee of Joseph L. Fisher Foundation, Inc., Respondent. Joseph L. Fisher Foundation, Inc., et al., Appellants. Attorney-General of the State of New York, Intervenor-Respondent

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

November 17, 1959.

Attorney(s) appearing for the Case

Copal Mintz of counsel (David Harrison Storper with him on the brief; Norman Burger, attorney), for appellants.

Samuel Conrad Cohen for respondent.

BREITEL, J. P., M. M. FRANK, VALENTE and STEVENS, JJ., concur in Per Curiam opinion; McNALLY, J., dissents in opinion.

Per Curiam.

Appeal is taken from an order of Special Term which appointed a third trustee and director of Joseph L. Fisher Foundation, Inc., on the petition of one of two trustees and over the objection of the other trustee and the Foundation.

Under the will of Joseph L. Fisher, deceased, the testator directed his executors and trustees to create a charitable corporation to be known as the "Joseph L. Fisher Foundation", which was to distribute the principal...

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