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MATTER OF FORD

10 A.D.2d 633 (1960)

In the Matter of the Final Accounting of Bankers Trust Company et al., as Trustees under The Will of Simeon Ford, Deceased. Consuelo U. Ford, Individually and as Executrix of Ellsworth Ford, Deceased, Appellant-Respondent; Yale University et al., Respondents-Appellants; Quintin Ford et al., Respondents

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

February 8, 1960

The condition in question was to the effect that the power was exercisable only if, at the death of Ellsworth Ford, his wife were either deceased or legally separated or divorced from him. His wife survived him and was neither separated nor divorced from him. Decree insofar as appealed from unanimously affirmed, with costs to all parties filing separate briefs, payable out of the fund...

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