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MATTER OF RIPLEY

27 Misc.2d 782 (1961)

In the Matter of the Construction of the Will of Sidney D. Ripley, Deceased.

Supreme Court, Special Term, New York County.

January 23, 1961

Attorney(s) appearing for the Case

Alexander & Green for petitioners. Davis Polk Wardwell Sunderland & Kiendl for James H. Ripley and others, respondents. Turk, Marsh, Ouchterloney & Kelly for Henry B. H. Ripley, Jr., and others, respondents. Groban & Rava for Malcolm P. Ripley, individually, respondent.

JOHN L. FLYNN, J.

This proceeding is brought pursuant to article 79 of the Civil Practice Act by the executors of the wills of two deceased trustees and by a surviving trustee for a construction of the will of Sidney Dillon Ripley who died a resident of New York in 1905. Presented for determination is the question of whether a provision of a will, in effect prior to the enactment of section 47-a of the Decedent...

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