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MATTER OF McMANUS

47 N.Y.2d 717 (1979)

In the Matter of The Estate of Leo K. McManus, Deceased. Joseph M. McManus, Sr., Respondent; Virginia A. McManus, as Executrix of Leo K. McManus, Deceased, Appellant. In the Matter of The Estate of Mary F. McManus, Deceased. Joseph M. McManus, Sr., et al., Respondents; Leo K. McManus, as Executor of Mary F. McManus, Deceased, Appellant.

Court of Appeals of the State of New York.

Decided April 24, 1979.

Attorney(s) appearing for the Case

Arthur J. Powers and Edward S. Andrews for appellants.

Terrence P. O'Reilly for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Inasmuch as appellants and their predecessors in interest were not beneficially interested in the trust created in the will of John J. McManus, who died in 1935, they lack standing to challenge the actions of its trustee (Cashman v Petrie, 14 N.Y.2d 426, 430). Accordingly, their allegation that...

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