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MATTER OF ALEXANDER v. DOLEN

27 A.D.2d 710 (1967)

In the Matter of Richard G. Alexander, a Distributee of Emil Levi, Deceased, on His Own Behalf and on Behalf of All Other Persons Similarly Situated, Respondent, v. Ruth W. Dolen et al., as Trustees under a Trust Made by Emil Levi, Deceased, et al., Appellants

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

February 2, 1967

The final order entered November 1, 1966, unanimously modified, on the law, to the extent of adjudging that paragraph "First (c)" of the trust instrument, dated May 31, 1938, as construed, does not violate the Rule against Perpetuities, and as so modified, affirmed, with $50 costs and disbursements to all parties filing briefs, payable out of the trust estate.

The trust instrument provides the income is to be applied to the...

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