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In the Matter of the Construction of the Will of HERBERT A. WISE, Deceased. SUE BAYER et al., Appellants; BENNETT A. CERF, as Trustee under Said Will, et al., Respondents.

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

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS and BURKE. Judges SCILEPPI and BERGAN dissent and vote to reverse for the reasons stated in the opinion of the Surrogate.

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MATTER OF WISE
(Nov 19, 1964)