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MATTER OF GULBENKIAN

9 N.Y.2d 363 (1961)

In the Matter of the Construction of the Will of Gullabi Gulbenkian, Deceased. Chouchane Baliozian et al., Appellants; Gullabi Gulbenkian Foundation et al., Respondents.

Court of Appeals of the State of New York.

Decided March 30, 1961.

Attorney(s) appearing for the Case

James N. Vaughan, Jeremiah P. Lyons and Stephen A. Yeghiaian for Chouchane Baliozian, appellant.

Arthur W. Siegrist, Albert B. Maginnes and Bud G. Holman for Araxia Buckhantz and another, appellants.

Joseph P. Flemming and Nicholas J. Healy, III, for National Safe Deposit & Trustee Company, appellant.

George Mutterperl for Hermine Guerdan, appellant.

William D. Tucker for Edward H. Gulbenkian, appellant.

Louis J. Lefkowitz, Attorney-General (Julius Greenfield and Paxton Blair of counsel), for Attorney-General of the State of New York, respondent.

Abraham Rosten for Gullabi Gulbenkian Foundation, respondent.

Burton C. Meighan for Raphael Esmerian and another, respondents.

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

BURKE, J.

In the FIFTH paragraph of the will under construction, decedent left $300,000 in trust to his wife for life. The paragraph further provides: "I give and bequeath the remainder of said trust fund, upon her death, to my brothers, BADRIG GULBENKIAN and HARUTUNE GULBENKIAN, in equal shares and their several descendants per stirpes" (emphasis added).

The issue here presented is whether the...

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