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MATTER OF LAWRENCE

86 Misc.2d 579 (1974)

In the Matter of The Estate of Lysander W. Lawrence, Deceased.

Surrogate's Court, Kings County.

June 5, 1974

Attorney(s) appearing for the Case

Wingate & Cullen for First National City Bank, as trustee, petitioner. Arkin & Horan, P. C., for Kingsley Roberts, Jr., as executor of Rowena L. Roberts, deceased, respondent. Magill, Badger, Fisher, Cohen & Barnett and Webster, Sheffield, Fleischmann, Hitchcock & Brookfield for Katherine V. S. Howe, as administratrix c.t.a. of the estate of Eloise S. Baxter, respondent. Webster, Sheffield, Fleischmann, Hitchcock & Brookfield for Ann B. Berens, respondent. Davidson, Dawson & Clark for Brooklyn Institute of Arts and Sciences, respondent. Kelley, Drye, Warren, Clark, Carr & Ellis for Brooklyn Bureau of Community Service, respondent. Christy, Frey & Christy for Young Women's Christian Association of Brooklyn, respondent. Louis J. Lefkowitz, Attorney-General (Irwin M. Strum of counsel), for ultimate charitable beneficiaries.

NATHAN R. SOBEL, S.

This construction proceeding raises the recurring problem of the effect of the "precautionary addendum" on the rights of an adopted child — in this case a great-grandchild of testator — to take under a class disposition to "issue."

The history and purpose of the precautionary addendum is later discussed. At the date of death of this testator (1929) it was included in...

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