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MATTER OF MALLAM

28 A.D.2d 888 (1967)

In the Matter of The Estate of May Mallam, Deceased. Gertrude Ortlieb, Individually and as Executrix of May Mallam, Deceased, Appellant; Grace Kelly, et al., as Executors of Elizabeth Kefer, Deceased, et al., Respondents

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

July 10, 1967

No opinion.

Hopkins, J., dissents and votes to modify the decree by reversing so much thereof as adjudges that the legacy of one third of the residuary estate bequeathed to William Wendall Beiser has lapsed and passes to the distributees of the testatrix as in intestacy, and to provide instead that the said legacy passes through the residuary clause, and as so modified, to affirm the decree, with the following memorandum: The decedent's will distributed...

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