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In re the Will of Birdsell

296 N.Y. 840 Court N.Y. Decision date 1947-01-17 English

Decision Majority · Dissent — Conway, J.; Desmond and Dye, JJ.,

Contents
p. 840
In the Matter of the Will of Clara Birdsell, Deceased. Julia Wells, Respondent; Kingsboro Avenue Presbyterian Church of Gloversville, Appellant.
Argued January 6, 1947;
decided January 17, 1947.
p. 842
John D. Wood for appellant.
Floyd J. Reinhart for respondent.

Order affirmed, with costs to all parties appearing separately and filing briefs payable out of the estate. No opinion.

Concur: Loughban, Ch. J., Lewis, Thacheb and Fulo, JJ.

Taking no part: dissent on the ground that paragraph fifth of the will, which is clear and complete, plainly devises and bequeaths the residue to the appellant church under the circumstances existing at testatrix’ death.