In re the First Intermediate Accounting of Fales

Appellate Division of the Supreme Court of New York

In re the First Intermediate Accounting of Fales

24 A.D.2d 753, 1965 N.Y. App. Div. LEXIS 3172

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 26, 1965

StatusPublished

This text of 24 A.D.2d 753 (In re the First Intermediate Accounting of Fales) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the First Intermediate Accounting of Fales, 24 A.D.2d 753, 1965 N.Y. App. Div. LEXIS 3172 (N.Y. Ct. App. 1965).

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Opinion

Decree entered on October 21, 1960, to the extent that it construes decedent’s will as granting no interest in the trust fund to appellant Angelica Fales Dunham, the adopted child of Haliburton Fales (junior), unanimously reversed, on the law, with $50 costs and disbursements to all parties filing briefs payable out of the estate,, and the matter remitted to the Surrogate for proceeding in accordance with the determination hereinafter set forth. As we find no “ explicit purpose ” stated in the will to exclude an adopted child (see Matter of Park, 15 N Y 2d 413, 417), we hold, under the doctrine of that recent decision, that the will should be construed as providing that in the event that Haliburton Fales (junior) is survived by a natural-born descendant, said appellant or her issue shall be entitled to share in the fund. Concur — Botein, P. J., Breitel, McNally, Stevens and Eager, JJ.

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Decree entered on October 21, 1960, to the extent that it construes decedent’s will as granting no interest in the trust fund to appellant Angelica Fales Dunham, the adopted child of Haliburton Fales (junior), unanimously reversed, on the law, with $50 costs and disbursements to all parties filing briefs payable out of the estate,, and the matter remitted to the Surrogate for proceeding in accordance with the determination hereinafter set forth. As we find no “ explicit purpose ” stated in the will to exclude an adopted child (see Matter of Park, 15 N Y 2d 413, 417), we hold, under the doctrine of that recent decision, that the will should be construed as providing that in the event that Haliburton Fales (junior) is survived by a natural-born descendant, said appellant or her issue shall be entitled to share in the fund. Concur — Botein, P. J., Breitel, McNally, Stevens and Eager, JJ.

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Bluebook (online)

24 A.D.2d 753, 1965 N.Y. App. Div. LEXIS 3172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-first-intermediate-accounting-of-fales-nyappdiv-1965.