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MATTER OF PARK

15 N.Y.2d 413 (1965)

In the Matter of The Estate of William G. Park, Deceased. Raymond P. R. Neilson, III, Appellant; First National City Trust Company, as Trustee, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 20, 1965.

Attorney(s) appearing for the Case

Frederic P. Rich for appellant.

Howard A. Rochford, Hugh G. Bergen and Frederick Froessel, Jr., for Anne N. Conrad, respondent.

Chief Judge DESMOND and Judges DYE and FULD concur with Judge BERGAN; Judge VAN VOORHIS dissents in an opinion in which Judges BURKE and SCILEPPI concur.

BERGAN, J.

This appeal involves the relative rights of a natural child and of an adopted child to take under a will. The statute was, at the time relevant to the controversy, explicit on this subject and provided that a foster child "shall have all the rights" of the "relation" of "parent and child" (Domestic Relations Law, former § 114, re-enacted as § 115 by L. 1938, ch. 606, and renum. § 117...

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