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MATTER OF RICKS

18 N.Y.2d 640 (1966)

In the Matter of The Estate of Sybil H. Ricks, Deceased. John T. Ricks et al., as Executors of Sybil H. Ricks, Deceased, Respondents; Thomas S. Ricks et al., Appellants.

Court of Appeals of the State of New York.

Decided July 7, 1966.

Attorney(s) appearing for the Case

Charles H. Tuttle, Walter R. Shepard and H. William Van Wagenen, Jr., for appellants.

Williamson Pell, Jr., David L. Frothingham and Henry A. Lowet for respondents.

Concur: Chief Judge DESMOND and Judges VAN VOORHIS, BURKE and SCILEPPI. Judge KEATING dissents and votes to reverse in the following opinion in which Judges FULD and BERGAN concur.

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

KEATING, J. (dissenting).

When presented for her approval, article Fourteenth (par. [c]) of decedent's will read as follows: "(c) I give, devise and bequeath one of such equal shares as follows: per capita, to such of the children and adopted children of ETHEL GERTRUDE RICKS and my late son, JAMES B...

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