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MATTER OF DOWNING

88 A.D.2d 679 (1982)

In the Matter of The Estate of Emma W. Downing, Deceased. Saul Balmuth, as Trustee under The Will of Emma W. Downing, Deceased, Appellant; Earl Steenburg, as Guardian ad Litem for Robert F. Bahr, Respondent

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

May 6, 1982

This appeal involves interpreting the terms of a testamentary trust which was to pay Robert Frank Bahr $50 per month during his life with the following exception: "[S]aid monthly payments for the benefit of my nephew, Robert Frank Bahr shall be suspended during the time he shall be a patient at any public hospital or institution. If my nephew, Robert Frank Bahr shall be a patient at any public hospital or institution or in the event that the net income from the trust fund...

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