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MATTER OF RICKS

10 N.Y.2d 231 (1961)

In the Matter of the Intermediate Accounting of Hanover Bank, as Trustee under a Trust Made by Sybil H. Ricks for the Benefit of James B. Ricks, Deceased, and Others, Respondent. Sandra L. R. Humphrey et al., Infants, by Osborne A. McKegney, Their Guardian ad Litem, Appellants; Pamela S. Ricks et al., Infants, by C. Murray Kavanagh, Their Guardian ad Litem, Respondents.

Court of Appeals of the State of New York.

Decided July 7, 1961.

Attorney(s) appearing for the Case

Osborne A. McKegney, as guardian ad litem for infants, appellants.

C. Murray Kavanagh, as guardian ad litem for infants, respondents.

Judges DYE, VAN VOORHIS, BURKE and FOSTER concur in Per Curiam opinion; Judge FULD dissents in an opinion in which Chief Judge DESMOND and Judge FROESSEL concur.

Per Curiam.

The public policy of the State has been established by the Legislature by the provision in section 115 of the Domestic Relations Law that "As respects the passing and limitation over of real or personal property dependent under the provisions of any instrument on the foster parent dying without heirs, the foster child is not deemed the child of the foster parent so as to defeat the rights of remaindermen...

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