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MATTER OF JONES

38 N.Y.2d 189 (1975)

In the Matter of The Estate of Tessie Jones, Deceased, Pierpont Morgan Library, Appellant; Waring Jones et al., Respondents.

Court of Appeals of the State of New York.

Decided December 4, 1975.

Attorney(s) appearing for the Case

Haliburton Fales and Burton T. Ryan for appellant.

Richard J. Drake for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.

JONES, J.

We conclude that this decedent's rare book collection passed under the residuary clause of her will rather than under the paragraph containing an enumeration of specific bequests in which the book collection was not mentioned.

For present purposes, the decedent's will contained three pertinent articles:

"ELEVENTH. I give and bequeath all my personal property, consisting of furniture...

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