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  5. 56 N.Y.2d 973 (1982)
 

MATTER OF RENARD

56 N.Y.2d 973 (1982)

In the Matter of The Estate of Jane M. Renard, Deceased. Arthur H. Dean et al., Respondents; Philip J. Renard, Appellant.

Court of Appeals of the State of New York.

Decided June 17, 1982.

Attorney(s) appearing for the Case

Perry S. Reich and Richard C. Chier for appellant.

Robert Scott Edmonds, Frederick A. Terry, Jr., and James I. Black, III, for Arthur H. Dean and another, respondents.

Patricia A. Gallagher for Societe D'Entraide des Membres de la Legion d'Honneur, respondent.

Robert Abrams, Attorney-General (John L. Moncrief, Jr., of counsel), for ultimate charitable beneficiaries.

Concur: Judges JASEN, JONES, WACHTLER and MEYER. Chief Judge COOKE dissents and votes to reverse in the following opinion in which Judge GABRIELLI concurs. Taking no part: Judge FUCHSBERG.

Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate, for reasons stated in the portion of the opinion by Surrogate MILLARD L. MIDONICK granting the application on the basis of EPTL 3-5.1 (108 Misc.2d 31).

Chief Judge COOKE (dissenting).

In my view, this court's decision in Matter of Clark (21 N.Y.2d 478

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