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In re the Construction of the Will of Bluestein

302 N.Y. 760 Court N.Y. Decision date 1951-04-12 English

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p. 760
In the Matter of the Construction of the Will of Samuel Bluestein, Deceased. Murray Goodman et al., as Executors of Samuel Bluestein, Deceased, Appellants; Rose Bluestein, Respondent.
Argued February 26, 1951;
decided April 12, 1951.
p. 762
Ilo Orleans for appellants.
Harold M. Weinberg for respondent.

Order affirmed, with costs to each party appearing separately and filing separate briefs payable out of the estate. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, and Froessel, JJ. Fuld, J., dissents upon the ground that; in making a gift to his business associate of “ any and all interest ” in his accounting practice, the testator intended an absolute and unconditional bequest.