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MATTER OF THOMSON

226 A.D.2d 647 (1996)

642 N.Y.S.2d 32

In the Matter of The Estate of Josephine S. Thomson, Deceased. Charles A. Severs III et al., Appellants; Douglas S. Thomson, Respondent

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

April 22, 1996

Ordered that the decree is affirmed, with costs.

Contrary to the appellants' contention, the first future estate of the unborn contingent remaindermen was defeated in a manner for which the testator had provided, and the vesting of the residuary estate in the petitioner, the next contingent remainderman, did not violate EPTL 6-5.10. Pursuant to EPTL 2-1.11 (d), by filing a timely and valid renunciation, the life tenants...

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