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MATTER OF WELLES

11 A.D.2d 780 (1960)

In the Matter of the Construction of The Will of Benjamin S. Welles, Deceased. Marian K. Frelinghuysen et al., Appellants; William M. Cruikshank et al., as Trustees, under The Will of Benjamin S. Welles, Deceased, et al., Respondents

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

July 5, 1960

Decree insofar as appealed from affirmed, with costs payable out of the estate to all parties filing separate briefs.

In our opinion the language employed by the testator in article 8 of his will is clear and definite. Hence, we have no power to change it by judicial construction (cf. Matter of Villalonga, 6 N.Y.2d 477; Matter of Barnes, 2 N.Y.2d 787).

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