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  5. 25 N.Y.2d 163 (1969)
 

MATTER OF VOUGHT

25 N.Y.2d 163 (1969)

In the Matter of the Accounting of Chemical Bank New York Trust Company, as Surviving Cotrustee of the Trust under the Will of Chance M. Vought, Deceased, Respondent. Harold Brown et al., Appellants; Chemical Bank New York Trust Company, as Surviving Cotrustee, Respondent; Alexander Halpern, as Executor of Chance M. Vought, Jr., Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 2, 1969.

Attorney(s) appearing for the Case

Copal Mintz, Edmund W. Bokat and Leo Praeger for Harold Brown and others, appellants.

Samuel M. Sacher, Bernard B. Jacobs, in person, and Philip J. Kassel for Bernard B. Jacobs, as special guardian for infants and another, appellants.

Ralph Bernstein for Alexander Halpern, executor of Chance M. Vought, Jr., deceased, respondent.

Edward Cherney for Delaware County National Bank, guardian for Craig Vought, an infant, respondent.

Henry L. Ughetta II and James S. Brown, Jr. for Edith Haig Wilson, respondent.

John R. Fernbach, as special guardian for Chance M. Vought, III, an infant, in person, and Jay D. Kramer for John R. Fernbach, respondent.

Simon B. Gluck for Eugenie A. Vought, respondent.

Frederick Siegmund, as special guardian for Gay Vought and another, infants, respondent in person.

Mitchell M. Bailey for Chemical Bank New York Trust Company, respondent.

Judges BURKE, SCILEPPI, BERGAN and JASEN concur with Judge BRIETEL; Chief Judge FULD dissents and votes to reverse in a separate opinion.

BREITEL, J.

The assignees of the remainder interest of Chance M. Vought, Jr. in a testamentary trust created by his father appeal from an order and decree holding the assignments void. The Surrogate's Court, New York County, adjudged that the one-half remainder interest in the trust created under the will of the father vested indefeasibly in Chance M. Vought, Jr. upon the testator's death; that the will validly...

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