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MATTER OF MULLER

14 A.D.2d 439 (1961)

In the Matter of the Construction of The Will of Herman J. Muller, Deceased. Chase Manhattan Bank, as Trustee of the Trust Created under The Will of Herman J. Muller, Deceased, et al., Appellants; Lily T. Behreus, Respondent

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

November 16, 1961.

Attorney(s) appearing for the Case

Daniel G. Tenney, Jr., of counsel (Milbank, Tweed, Hope & Hadley, attorneys), for Chase Manhattan Bank, appellant.

Henry H. Sternberg, as special guardian of Carol P. Rigo and others, infants, appellants.

Samuel Michelman of counsel (Robert F. Welch with him on the brief; Olvany, Eisner & Donnelly, attorneys), for respondent.

RABIN, J. P., and EAGER, J., concur with STEUER, J.; McNALLY, J., dissents in opinion in which STEVENS, J., concurs.

STEUER, J.

Herman J. Muller died on April 3, 1939. His will was admitted to probate on May 12, 1939. He was a resident of New Jersey and while both parties concede that New Jersey law is to be applied, no appreciable distinction between the law of the sister State as it has application to the facts herein and the law of New York is presented. We therefore approach the problem as if applicable law is common to...

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