MATTER OF GETMAN


30 A.D.2d 257 (1968)

In the Matter of Construction of The Will of Floyd C. Getman, Deceased. Clyde J. Getman, as Executor of Floyd C. Getman, Deceased, Respondent; Litchfield Cemetery Association, Appellant

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

June 27, 1968.


Attorney(s) appearing for the Case

James W. and Robert J. Bennison (Robert J. Bennison of counsel), for appellant.

Fred J. O'Donnell for respondent.

GOLDMAN and HENRY, JJ., concur with WITMER, J.; MARSH, J. dissents in a separate opinion, in which BASTOW, P. J., concurs.


WITMER, J.

By his will dated November 18, 1944 the testator directed that his debts and funeral expenses be paid, and gave the residue of his estate to his brother Clyde to have and to hold for his natural life, and further provided that upon his brother's death "I give, devise and bequeath my residuary estate aforesaid unto the directors of the Litchfield Cemetery Association of the Town of Litchfield, County...

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