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MATTER OF VOUGHT

29 A.D.2d 97 (1967)

In the Matter of the Accounting of The Chemical Bank New York Trust Company, as Trustee under a Trust Created by Ena L. Vought, Respondent. Edward Cherney, as Guardian ad Litem for Craig Vought, an Infant, Appellant-Respondent; Frederick Siegmund, as Guardian ad Litem for Gay Vought and Another, Infants, Respondent-Appellant; Henry L. Ughetta, Ii, as Guardian ad Litem for Chance M. Vought, Iii, an Infant, et al., Respondents

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

December 21, 1967.

Attorney(s) appearing for the Case

Edward Cherney of counsel (Smart, McKay & Cherney, attorneys), for appellant-respondent.

Frederick Siegmund, respondent-appellant in person.

Henry L. Ughetta, II, in person, of counsel (James S. Brown, Jr., with him on the brief; Willkie Farr Gallagher Walton & Fitz Gibbon, attorneys), for Henry L. Ughetta, II, respondent.

BOTEIN, P. J., and TILZER, J., concur with RABIN, J.; EAGER, J., dissents in opinion in which McNALLY, J. concurs.

RABIN, J.

In this construction proceeding, Special Term was called upon to determine whether the infant Craig Vought is a member of the class of "lawful issue" of one Chance M. Vought, Jr., so as to enable him to take a remainder interest in the trust being construed, to the same extent as the three other children of Chance M. Vought, Jr. His guardian ad litem sought...

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