MATTER OF BROOKLYN TRUST COMPANY, N.Y., Judgment, Law, casemine.com

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William J. O'Shea, John Godfrey Saxe
Henry J. Kennedy for
Nathaniel Rubin
Clarence J. Drake for Agnes K. Bower
others,

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In the Matter of the Accounting of BROOKLYN TRUST COMPANY et al., as Trustees under the Will of EURETTA J. SCHLEGEL, Deceased, Respondents. TRUSTEES OF COLUMBIA UNIVERSITY, Appellant; AGNES K. BOWER, Individually and as Executrix of SIBYL M. BOWER, Deceased, et al., Respondents.

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

Concur: LOUGHRAN, Ch. J., CONWAY, FULD and FROESSEL, JJ.; LEWIS, DESMOND and DYE, JJ., dissent and vote for reversal in the following memorandum: When the will is read as a whole, it is clear that the testatrix intended a ratable distribution of the remainder of the Sibyl M. Bower trust among the named beneficiaries. ( Matter of Low, 232 App. Div. 414, affd. 257 N.Y. 613; Matter of Knickerbocker, 255 App. Div. 309, affd. 280 N.Y. 560.)

MATTER OF BROOKLYN TRUST COMPANY

In the Matter of the Accounting of BROOKLYN TRUST COMPANY et al., as Trustees under the Will of EURETTA J. SCHLEGEL, Deceased, Respondents. TRUSTEES OF COLUMBIA UNIVERSITY, Appellant; AGNES K. BOWER, Individually and as Executrix of SIBYL M. BOWER, Deceased, et al., Respondents.

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