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MTR. OF FAIRBAIRN

56 A.D.2d 259 (1977)

In the Matter of The Estate of Helen C. Fairbairn, Deceased. Ann C. Whittlesey et al., Respondents-Appellant; Liberty National Bank and Trust Company, as Committee, Appellant-Respondent

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

February 25, 1977

Attorney(s) appearing for the Case

Albrecht, Maguire, Heffern & Gregg (Richard T. Sullivan of counsel), for appellant-respondent.

Garvey, Magner, Sullivan & Love (Philip H. Magner of counsel), for respondents-appellants.

MARSH, P. J., MOULE, CARDAMONE and GOLDMAN, JJ., concur.

WITMER, J.

The principal questions presented on this appeal are whether the court should exercise its judgment in lieu of that of the incompetent in favor of the petitioners, her two needy sisters, to grant financial assistance to them, and if so, in what manner and to what extent.

In 1968 Helen C. Fairbairn was adjudicated an incompetent person, and appellant Liberty National Bank and Trust Company was...

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