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MATTER OF MULLER

12 N.Y.2d 851 (1962)

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-Respondents; Lily T. Behrens, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided December 31, 1962.

Attorney(s) appearing for the Case

Daniel G. Tenney, Jr., and John J. Duffy for Chase Manhattan Bank, appellant-respondent.

Henry H. Sternberg, special guardian for infants Carol P. Rigo and others, appellant-respondent.

Samuel Michelman and Robert F. Welch for respondent-appellant.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and FOSTER. Dissent: Judges FROESSEL and VAN VOORHIS.

Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate; no opinion.

Judge FROESSEL dissents and votes to reverse and to reinstate the decree of the Surrogate upon the dissenting opinion at the Appellate Division, and Judge VAN VOORHIS dissents and votes to reverse the order of the Appellate Division and to direct the trustee to allocate all 660 shares of the new...

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