MATTER OF CLARK


28 A.D.2d 55 (1967)

In the Matter of The Estate of Robert V. Clark, Jr., Deceased. N. Holmes Clare et al., Respondents; Elizabeth D. Clark, Appellant

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

June 29, 1967.


Attorney(s) appearing for the Case

John B. Jessup of counsel (B. Brooks Thomas and Paul S. Byard with him on the brief; Winthrop, Stimson, Putnam & Roberts, attorneys), for appellant.

Alexander D. Forger of counsel (Edward J. Reilly, Jr., and Samuel S. Polk with him on the brief; Milbank, Tweed, Hadley & McCloy, attorneys), for respondents.

John B. Loughran of counsel (Joseph H. Spain with him on the brief), for infants, respondents.

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


STEUER, J.

The decedent, a domiciliary of Virginia, died October 4, 1964. His estate was made up of property in Virginia and in New York. The property here, which in value is the larger part of the estate, consisted of securities deposited with a New York bank. His will provided that it should be construed, regulated and determined by the laws of the State of New York.

The will contains a testamentary...

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