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MATTER OF KELSEY

29 A.D.2d 450 (1968)

In the Matter of The Estate of Clarence A. Kelsey, Deceased. First National Bank of Lockhaven, as Ancillary Administrator C. T. A., Appellant; R. Jan Fitzpatrick et al., Respondents

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

April 4, 1968.

Attorney(s) appearing for the Case

Wightman & Hille (Robert M. Wightman of counsel), for appellant.

Joseph J. Nasser, special guardian for infant respondents.

WILLIAMS, P. J., BASTOW, MARSH and HENRY, JJ., concur.

WITMER, J.

This appeal accents the adage that "hard cases make bad law". The record in this case shows beyond doubt that the testator wished to make a gift to the infant respondents. The facts surrounding the pertinent events are undisputed; but the inferences of fact which may and must be drawn therefrom lead inexorably to the legal conclusion that no gift was made...

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