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MATTER OF BROOKLYN TRUST COMPANY

Court of Appeals of the State of New York.
Apr 13, 1951

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.)