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MTR. OF NEWTON

54 A.D.2d 452 (1976)

In the Matter of The Estate of Rollin A. Newton, Deceased. Esther N. Fullerton et al., Respondents; Nathan Hillman, Appellant

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

December 9, 1976

Attorney(s) appearing for the Case

Bennett Abrams for appellant.

Conboy, McKay, Bachman & Kendall (Philip A. Maphey of counsel), for Esther Fullerton, respondent.

KOREMAN, P. J., KANE and LARKIN, JJ., concur; HERLIHY, J., concurs in the result only.

MAHONEY, J.

The will of Rollin A. Newton, in paragraph seventeenth thereof, bequeathed the sum of $75,000 to the Marine Midland Bank-Northern, as trustee, with the direction that the trustee pay over to six named beneficiaries during their lives income from different amounts of the total investment. For our purposes we need only note that beneficiary James Elliot Newton was to receive the income for life from...

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