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MATTER OF WASHBURN

24 A.D.2d 83 (1965)

In the Matter of The Estate of John T. Washburn, Deceased. George V. D. Hutton, Jr., as Administrator with the Will Annexed of Eleanor H. Washburn, Deceased, et al., Appellants, Irving Ribsamen, Jr., et al., Respondents

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

October 29, 1965.

Attorney(s) appearing for the Case

Lloyd R. Le Fever for George V. D. Hutton, Jr., appellant.

Abraham Streifer and David M. Barnovitz for Kingston Hospital, appellant.

Richard B. Overbagh for Trinity Episcopal Church of Saugerties, appellant.

Louis P. Francello for Ellen Russell Finger Home for Aged and Indigent Women, appellant.

Vincent G. Connelly for Anna T. Washburn, appellant.

Rosenblum & Lamb for Irving Ribsamen, Jr., respondent.

Schirmer & Carnright (Robert L. Carnright of counsel), for Mildred O'Bryon, respondent.

Rusk, Rusk & Feeney for Kingston Trust Company.

GIBSON, P. J., HERLIHY, REYNOLDS and HAMM, JJ., concur.

AULISI, J.

Appeal from so much of a decree of the Surrogate's Court of Ulster County entered on December 14, 1964, as ordered that the balance remaining in the hands of the successor trustee be paid to Irving Ribsamen, Jr., a descendant of John T. Washburn, Jr.

Upon its accounting as successor trustee, the Kingston Trust Company requested a determination of the construction and effect of paragraph "Fourth...

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