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MATTER OF LIBERMAN

6 N.Y.2d 525 (1959)

In the Matter of The Estate of Philip Liberman, Deceased; Norman J. Liberman et al., Individually and as Executors and Trustees under the Will of Philip Liberman, Deceased, et al., Respondents; Bertha Liberman, Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

James N. Vaughan for appellant.

Lionel S. Popkin and Abraham S. Guterman for Norman J. Liberman and others, respondents.

No appearance for special guardian.

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

Chief Judge CONWAY.

In 1954 Bertha Liberman brought a proceeding in the Surrogate's Court of New York County to validate her election to take an intestate share of the estate of her deceased husband, Philip Liberman, against the provisions of his will. Her petition alleged that the testator created a trust in her favor of one third of the residuary estate, that taxes were made payable from that residue and that...

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