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MATTER OF HIRSHON

13 N.Y.2d 787 (1963)

In the Matter of The Estate of Hugh H. Hirshon, Deceased. William H. Baugher et al., as Testamentary Trustees of Hugh H. Hirshon, Deceased, Appellants; Bernard Tompkins, as Special Guardian for Certain Named Infant Remaindermen, Respondent.

Court of Appeals of the State of New York.

Decided July 10, 1963.

Attorney(s) appearing for the Case

Julius Hallheimer, Mortimer Feuer, Martin Mensch and Max Berkow for appellants.

Bernard Tompkins, special guardian for William H. Baugher and others, infants, respondent.

Concur: Chief Judge DESMOND and Judges DYE, BURKE, FOSTER and SCILEPPI. Judge VAN VOORHIS dissents in part and votes to declare the trust wholly invalid in the following opinion in which Judge FULD concurs.

Order modified in accordance with the dissenting opinion at the Appellate Division, with costs to all parties appearing separately and filing separate briefs payable out of the testamentary trust.

VAN VOORHIS, J. (dissenting in part).

We are in accord with the majority in determining certain provisions of the will to be invalid, but would go farther. Other directions contained in the same testamentary trust are invalid, in our view, and all of...

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