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MATTER OF MOMAND

7 A.D.2d 280 (1959)

In the Matter of the Intermediate Accounting of Guaranty Trust Company of New York et al., as Executors of Agnes B. Momand, Deceased, Respondents. Boy Scouts of America, Appellant; Catholic Charities of the Archdiocese of New York et al., Respondents

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

February 17, 1959.

Attorney(s) appearing for the Case

Allen S. Hubbard, Jr., of counsel (Deborah M. Cole with him on the brief; Hughes, Hubbard, Blair & Reed, attorneys), for appellant.

Jerome Weit of counsel (Lawrence S. Timen with him on the brief; Timen & Waters, attorneys), for Holcombe H. Henderson, coexecutor, respondent.

Thornton C. Land and Rosemary Edelman of counsel (Breed, Abbott & Morgan, attorneys), for Girl Scouts of the United States of America, amicus curiæ.

RABIN, J. P., VALENTE and BERGAN, JJ., concur in memorandum; M. M. FRANK, J., dissents in opinion.

MEMORANDUM.

Decree construing will of testatrix in such manner as to group the Boy Scouts of America and Girl Scouts of America together as one organization in the sharing of certain benefits given to a list of charitable organizations, reversed and the proceeding remitted to the Surrogate for the development of such extrinsic proof as may be available and competent on the intention of the testatrix with respect to these two organizations. The will describes the benefits...

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