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MATTER OF GARDINER

113 A.D.2d 651 (1985)

In the Matter of Jonathan T. Gardiner, Deceased. Bank of New York, Respondent; Olney M. Gardiner et al., Respondents; Frances G. Collins et al., Appellants

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

December 30, 1985

Attorney(s) appearing for the Case

John P. Campbell (David J. van Hoogstraten of counsel), guardian ad litem for Michael D. Gardiner and another, infants, and for unknown male relatives of Jonathan T. Gardiner, bearing the surname Gardiner.

Smith, Finkelstein, Lundberg, Crimmins & Yakaboski (Howard M. Finkelstein and Frank A. Isler of counsel), for Frances Gardiner Collins, appellant.

Ingerman, Smith, Greenberg & Cross (Jelije De Jong of counsel), for William LeRoy Gardiner, Jr., and others, appellants.

Emmet, Marvin & Martin (John E. Bennett and Stephen P. Cerow of counsel), for Bank of New York, respondent.

Milbank, Tweed, Hadley & McCloy (Andrew J. Connick and Carolyn C. Clark of counsel), for Olney Mairs Gardiner, respondent.

LAZER, J. P., THOMPSON and RUBIN, JJ., concur.

O'CONNOR, J.

These appeals are concerned with the right of respondent Olney Mairs Gardiner to inherit the corpus of a testamentary trust created by the will of Jonathan T. Gardiner, despite the restrictions imposed on such inheritance by a statutory provision known as the "precautionary addendum". The trust contains approximately $2,985,000 in principal and income, including real estate valued in excess of ...

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