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MATTER OF FOX

9 N.Y.2d 400 (1961)

In the Matter of the Probate of the Will of Albert Fox, Deceased. Isabelle F. Hampton, Appellant; Herbert W. Fox et al., Respondents.

Court of Appeals of the State of New York.

Decided March 30, 1961.

Attorney(s) appearing for the Case

Rudolf B. Schlesinger for appellant.

Gerard T. Shevlin for Herbert W. Fox, respondent.

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

FULD, J.

In 1924, Bertha M. Foster, the sister of Albert Fox (whose will is before us in this proceeding), died a resident of New York County leaving a will which was probated in New York County. In her will, Mrs. Foster created a trust, the income of which was to go to her brother Albert Fox for life, the remainder to his next of kin, subject, however, to a power in him to make a different disposition by a general...

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