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  5. 69 N.Y.2d 66 (1986)
 

MATTER OF GARDINER

69 N.Y.2d 66 (1986)

In the Matter of Jonathan T. Gardiner, Deceased. Bank of New York et al., Respondents; Olney M. Gardiner et al., Respondents-Appellants; John P. Campbell, as Guardian ad Litem, Appellant-Respondent.

Court of Appeals of the State of New York.

Submitted upon reargument November 13, 1986.

Decided December 19, 1986.

Attorney(s) appearing for the Case

Howard M. Finkelstein and Frank A. Isler for Frances G. Collins, respondent-appellant.

John P. Campbell, as guardian ad litem, pro se, and Miner D. Crary, Jr., Morgan A. Casey, Jr., Frances B. Carlisle and Antoinette N. Ceisler for John P. Campbell, appellant-respondent.

Andrew J. Connick, Carolyn C. Clark and Teresa A. Blasberg for Olney M. Gardiner, respondent-appellant.

John E. Bennett, Stephen P. Cerow and Christine A. Burke for Bank of New York, respondent.

Chief Judge WACHTLER and Judges ALEXANDER and MAHONEY concur with Judge KAYE; Judge MEYER dissents and votes to modify in a separate opinion in which Judges SIMONS and HANCOCK, JR., concur.

KAYE, J.

This appeal calls upon us to determine whether the statutory "precautionary addendum" contained in former section 114 of the Domestic Relations Law1 defeats the inheritance of an adopted child. We hold that it does not.

Jonathan T. Gardiner died on August 6, 1933, leaving a will executed January 25, 1932 that was admitted to probate in Suffolk County on September 30...

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