MATTER OF CARLL


34 A.D.2d 793 (1970)

In the Matter of The Estate of Jesse Carll, Deceased. Dolly M. Wright, as Executrix of Jesse C. Wright, Deceased, Successor Trustee, et al., Respondents; Jesse Carll et al., Appellants

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

May 11, 1970


Decree reversed insofar as appealed from, on the law and the facts, with costs to appellants, payable out of the trust estate; objections sustained; and petitioner-executrix directed to distribute the balance on hand in the trust estate to the objectors. The issue presented for determination is whether respondent Curtis Peter Wright, as the adopted child of Jesse Carll Wright, a deceased income beneficiary of the trust, was the latter's "issue" as that term was used in the...

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