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OURSLER v. ARMSTRONG

10 N.Y.2d 385 (1961)

William C. Oursler et al., Respondents, v. April O. Armstrong et al., Individually and as Executors of Grace Oursler, Deceased, et al., Appellants.

Court of Appeals of the State of New York.

Decided December 7, 1961.

Attorney(s) appearing for the Case

Woodson D. Scott and Edmund P. Rogers, Jr., for appellants.

Irving Brown, H. Donald Sills, Karl S. Lowenthal and Arthur N. Field for respondents.

Judges FROESSEL, BURKE and FOSTER concur with Judge VAN VOORHIS; Chief Judge DESMOND and Judges DYE and FULD dissent and vote to affirm upon the opinion of Justice BERGAN in the Appellate Division.

VAN VOORHIS, J.

Charles Fulton Oursler had two children by his first wife and two children by his second wife. In 1951 Oursler and his second wife, Grace Perkins Oursler, executed wills at the same time before the same attesting witnesses. His will provided that his residuary estate would go to Grace; but if he survived her it would go to the four children of both his marriages, or their children; the will of...

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