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MATTER OF MAUL v. FITZGERALD

78 A.D.2d 706 (1980)

In the Matter of Thomas A. Maul, as Director of The Bureau of Resident Resources of the New York State Office of Mental Retardation and Developmental Disabilities, Appellant, v. Mildred Fitzgerald et al., Respondents

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

October 9, 1980

By will dated February 20, 1962, the testator, a physician and health officer of the City of Glens Falls, established a trust, with a corpus of $5,000 for the benefit of his mentally retarded son, Robert. The testator died July 1, 1969 and his will was admitted to probate July 22, 1969. The paragraph of the will governing the trust provides: "I give and bequeath to my Trustees, the sum of Five Thousand ($5000.00) Dollars, IN TRUST...

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