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MATTER OF GREATSINGER

67 N.Y.2d 177 (1986)

In the Matter of The Estate of Jacob L. Greatsinger, Deceased. Walter G. Farrell et al., Respondents; John J. Jennings et al., Appellants.

Court of Appeals of the State of New York.

Decided April 1, 1986.

Attorney(s) appearing for the Case

John J. Jennings and Donald H. Tuttle, appellants pro se.

Joseph C. Buck for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

MEYER, J.

It was an abuse of discretion as a matter of law for the Appellate Division to direct that the fees of counsel for the unsuccessful contestants in a will construction proceeding for the remainder of a trust of 10% of the residuary estate be paid out of the trust because it was the only one of several trusts created by the testator which was the subject of...

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