MATTER OF KING


22 N.Y.2d 456 (1968)

In the Matter of the Construction of the Will of Albert L. King, Deceased. Leon Schaefler, as Executor of Albert L. King, Deceased, et al., Appellants; United Jewish Appeal of Greater New York, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided July 2, 1968.


Attorney(s) appearing for the Case

Richard H. Pershan and Leon Schaefler, in person, for appellants.

Herbert B. Rose and Joseph T. Arenson for United Jewish Appeal of Greater New York, Inc. and others, respondents.

Leonard Wacksman, Rene Loeb and Charles J. Block for A. R. I. F., respondent.

No appearance for Salvation Army, respondent.

Chief Judge FULD and Judges BERGAN and JASEN concur; Judges BURKE, KEATING and BREITEL dissent and vote to affirm on the Surrogate's opinion.


SCILEPPI, J.

Albert and Grace King executed their respective wills on October 1, 1958. Paragraph Eighth of Grace's will created a marital-deduction trust, the income of which was payable to her husband, Albert, for life. Albert was given a testamentary power of appointment over the principal of the trust which could only be exercised by a will executed after Grace's death. The principal of the trust, in default...

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