MATTER OF BELLAMORE


17 A.D.2d 372 (1962)

In the Matter of the Accounting of Hanover Bank et al., as Executors of Muriel K. Bellamore, Deceased, Respondents. Robert Konove, as Special Guardian of Susan O. Bellamore and Another, Infants, Appellant; Kendall Bellamore, Respondent

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

December 13, 1962.


Attorney(s) appearing for the Case

Robert Konove, as special guardian, appellant in person.

Philip Berg for Kendall Bellamore, respondent.

RABIN and BERGAN, JJ., concur with BREITEL, J. P.; EAGER, J., dissents in opinion in which McNALLY, J., concurs.


BREITEL, J. P.

Involved on this appeal is the construction of a will and codicil. The Surrogate held that a trust created by the codicil would lapse shortly into intestacy, despite a general residuary clause in the will. The practical effect is to favor the husband and son of the testatrix, rather than the son and his children who are the beneficiaries of the trusts created out of the residuary estate. The amount...

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