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MATTER OF WARD

9 N.Y.2d 722 (1961)

In the Matter of the Intermediate Accounting of Stevenson E. Ward, Jr., et al., as Trustees of the Trust under the Will of May S. Ward, Deceased, Respondents. James A. Ward et al., Respondents; Morris E. Lasker, as Special Guardian for Anne Ward, an Infant, Respondent; Thomas F. Croake, as Special Guardian for Grace Ward and Others, Infants, Appellant.

Court of Appeals of the State of New York.

Decided March 2, 1961.

Attorney(s) appearing for the Case

Thomas F. Croake, appellant in person.

Morris E. Lasker, in person, for Morris E. Lasker, as Special Guardian for Anne Ward, respondent.

Thomas K. O'Brien and Herbert C. Pentz for James A. Ward et al., respondents.

Thomas B. Gilchrist and Thomas B. Gilchrist, Jr., for trustees, respondents.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, BURKE and FOSTER. Judge VAN VOORHIS dissents in an opinion.

Order affirmed upon the prevailing opinion in the Appellate Division, with costs to all parties appearing separately and filing separate briefs, payable out of the trust.

VAN VOORHIS, J. (dissenting).

Section 115 of the Domestic Relations Law, respecting the effect of adoption of children, contains a paragraph stating: "As respects the passing and limitation over of real or personal property dependent under the provisions of any instrument on...

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