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In the Matter of the Estate of EMMA D. JOHNSON, Deceased. ALEXANDRA D.K. BRENNEN et al., Appellants; VICTOR JACOBS, as Special Guardian for Possible Unborn Issue of JOHN H. BRENNEN, III, et al., Respondents.

Order reversed, with costs to all parties appearing separately and filing separate briefs payable out of the trust estate, and the matter remitted to the Surrogates' Court, New York County, with direction that the will be construed to include the adopted child, Michael Brennen, as a qualified remainderman of the trust. ( Matter of Park, 15 N.Y.2d 413.)

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.

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MATTER OF JOHNSON
(Dec 30, 1965)