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MATTER OF BIELEY

91 N.Y.2d 520 (1998)

695 N.E.2d 1119

673 N.Y.S.2d 38

In the Matter of Sally L. Bieley, Deceased. Maura Dausey, Respondent; Albert Orans, Appellant.

Court of Appeals of the State of New York.

Decided May 12, 1998.

Attorney(s) appearing for the Case

Connors and Sullivan, P. C., Brooklyn (Michael N. Connors and Peter G. Gray of counsel), for appellant.

Glazer & Gottlieb, New York City (May Glazer and Wilma P. Gottlieb of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, CIPARICK and WESLEY concur.

LEVINE, J.

In this proceeding to construe a will, we must decide whether a clause, directing that the testatrix' residuary estate was to be held in trust for the life of her mother, if her mother survived her, and upon her mother's death distributed to two named beneficiaries or their descendants, can be given effect where the life beneficiary predeceased the testatrix and the will contained no express direction...

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