MATTER OF DANILCHENKO


37 A.D.2d 587 (1971)

In the Matter of The Estate of Natalie Danilchenko, Deceased. Irving Trust Company et al., Respondents; Ultimate Charitable Beneficiaries et al., Appellants

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

June 14, 1971


Memorandum.

Decree of the Surrogate's Court, Dutchess County, dated August 6, 1970, which construed the testatrix' will, after a nonjury trial, affirmed, with separate bills of costs to all parties appearing and filing separate briefs, payable out of the estate. Considered in the abstract, the dissenting opinion of our learned Brother Benjamin is extremely persuasive, but we are here confronted with a will which provides that "the determination, in good faith, by...

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