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MATTER OF HOWE

12 N.Y.2d 870 (1962)

In the Matter of the Probate and Construction of the Will of John B. Howe, Deceased. Martin A. Chase et al., Appellants-Respondents; Elizabeth R. Grauwiller, Respondent-Appellant, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 31, 1962.

Attorney(s) appearing for the Case

James G. Dale for appellants-respondents.

Julian W. Atwater for respondent-appellant.

Concur: Chief Judge DESMOND and Judges FULD, FROESSEL, BURKE and FOSTER. Judge DYE dissents in the following opinion. Taking no part: Judge VAN VOORHIS.

Order affirmed, without costs.

DYE, J. (dissenting).

As I read this record, the evidence is insufficient to indicate that, when John B. Howe made a will giving to Elizabeth Grauwiller, his secretary, along with some other personalty "(500) shares of the common stock ($10.00) par value per share of Eastman Kodak Company of New Jersey", he intended that such bequest should be treated as a gift of specific stock so as to entitle the named legatee...

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