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MATTER OF VAN CLEAF

44 A.D.2d 542 (1974)

In the Matter of The Estate of John C. Van Cleaf, Deceased. Chase Manhattan Bank, N. A., as Trustee under The Will of John C. Van Cleaf, Deceased, Respondent; Midatlantic National Bank (Formerly National Newark and Essex Bank) et al., as Executors of Mary F. Van Cleaf, Deceased, Repondents-Appellants; Robert I. Herbert et al., Respondents-Respondents

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

March 21, 1974

Kupferman, J. P., dissents in the following memorandum:

John C. Van Cleaf died in 1920. His son, John C. Van Cleaf, Jr. died in 1933, leaving his mother Mary as his sole next of kin. She survived her husband by 50 years, dying in 1970. Mr. Van Cleaf, Sr.'s will left his residual estate in trust divided in two parts for the wife and son as follows: "As to the two-thirds share set apart for my said wife, to pay...

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