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MATTER OF VILLALONGA

6 N.Y.2d 477 (1959)

In the Matter of the Accounting of Bank of New York, as Trustee under the Will of Margaret E. Villalonga, Deceased, Respondent. Amy V. Whittemore, Appellant; Jane T. Mann et al., Respondents.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Milton Sargoy and Thomas M. Aron for appellant.

Alexander R. Hamilton for Jane T. Mann, respondent.

Harry Suchman, in person, and Hyman Bravin for Harry Suchman, special guardian for Donald Cameron and others, infants, respondents.

Judges FULD, FROESSEL, VAN VOORHIS and BURKE concur with Chief Judge CONWAY; Judge DESMOND dissents in an opinion in which Judge DYE concurs.

Chief Judge CONWAY.

The testatrix, Margaret E. Villalonga, drew a will in December, 1923, two years prior to her death. Her will is brief, and provides as follows:

"SECOND: I give and bequeath ONE THOUSAND DOLLARS ($1,000.) in cash to my great-niece and namesake, Margaret Russel Graves. "THIRD: I give and bequeath my opal and diamond ring to my niece, Matille Graves. "FOURTH: I give...

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