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In re the Will of Edelmuth

272 A.D.2d 871 Court N.Y. App. Div. Decision date 1947-06-13 English

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p. 871
In the Matter of the Will of Henry Edelmuth, Deceased. Morris Metz, as Trustee under the Will of Henry Edelmuth, Deceased, Appellant; Adolph Edelmuth et al., Respondents.

Decree, so far as appealed from, affirmed with costs to the respondents payable out of the fund. No opinion. Present — Cohn, Callahan, Peck and Van Voorhis, JJ.; Peck, J., dissents and votes to construe paragraph twenty-fifth of the will to the effect that whether any distribution is to be made in any year is in the discretion of the trustee.