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MATTER ESTATE BILLY ROSE (01/15/69)

COURT OF APPEALS OF NEW YORK 1969.NY.40159 <http://www.versuslaw.com>; 245 N.E.2d 808; 23 N.Y.2d 870 decided: January 15, 1969. IN THE MATTER OF THE ESTATE OF BILLY ROSE, DECEASED. MIRIAM STERN ET AL., APPELLANTS; BILLY ROSE FOUNDATION, INC., ET AL., RESPONDENTS Matter of Rose, 29 A.D.2d 635, affirmed. James N. Vaughan, Edward F. Vaughan and Morris W. Primoff for appellants. James R. Cherry, Osmond K. Fraenkel and Milton Sargoy for respondents. Louis J. Lefkowitz, Attorney-General (George J. Wallace and Samuel A. Hirshowitz of counsel), for ultimate charitable beneficiaries. Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.


Matter of Rose, 29 A.D.2d 635, affirmed.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.

 Order affirmed on the opinion of the Surrogate, with costs to all parties appearing separately and filing separate briefs payable out of the estate.

Disposition

Order affirmed on the opinion of the Surrogate, with costs to all parties appearing separately and filing separate briefs payable out of the estate.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.

19690115

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