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MATTER OF WISE

15 N.Y.2d 591 (1964)

In the Matter of the Construction of the Will of Herbert A. Wise, Deceased. Sue Bayer et al., Appellants; Bennett A. Cerf, as Trustee under Said Will, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 19, 1964.

Attorney(s) appearing for the Case

Sheldon Oliensis, James S. Hays and Lawrence Newman for appellants.

Horace S. Manges, John M. Lewis, Jacob F. Raskin and Stephen E. Jacobs for Bennett A. Cerf, as trustee, and Christopher Cerf, respondents.

Whitman Knapp, Henry Gale, Carl F. Rogge, Jr., Robert F. Ambrose and Stephen Friedman for Glen Boles, respondent.

David I. Silverman for Lyman Stansky, executor, respondent.

Ludwig Teller, special guardian for Jonathan Cerf, an infant, respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS and BURKE. Judges SCILEPPI and BERGAN dissent and vote to reverse for the reasons stated in the opinion of the Surrogate.

Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate...

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