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MATTER OF BOURNE

30 A.D.2d 534 (1968)

In the Matter of The Estate of George L. Bourne, Deceased. Frances B. Clarke, Appellant; William H. Bourne et al., as Trustees under The Will of George L. Bourne, Deceased, et al., Respondents

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

May 6, 1968

Modified, on the law and the facts, (1) by striking therefrom subdivisions 2, 3, 6, 7 and 8 of the seventh decretal paragraph and substituting therefor a provision directing that the invalid gifts over, into the residuary trust created by item TENTH of the testator's will, of the remainders of the trusts created by items FOURTH, FIFTH, SIXTH and SEVENTH of the will be distributed as in intestacy and (2) by striking therefrom the ninth decretal paragraph and substituting therefor...

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