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MATTER OF GOLDBERG

36 A.D.2d 631 (1971)

In the Matter of The Estate of Ida Goldberg, Deceased. Robert T. C. Brewster, Appellant; Sandra Dubowsky et al., Respondents

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

February 16, 1971

Decree affirmed insofar as appealed from, with costs to respondents, payable out of the estate.

EPTL 3-3.3 provides: "(a) Unless the will provides otherwise: (1) Whenever a testamentary disposition is made to the issue or to a brother or sister of the testator, and such beneficiary dies during the lifetime of the testator leaving issue surviving such testator, such disposition does not lapse but vests in such surviving issue...

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