Summary
In Matter of Brooks (39 A.D.2d 942, affd 32 N.Y.2d 752) the Second Department citing its Carll holding (supra), held that the adopted child was not presumed to be included in a class disposition where the "precautionary addendum" was applicable.
Summary of this case from Matter of LawrenceOpinion
June 12, 1972
Appeal, as limited by appellant's brief, from so much of a decree of the Surrogate's Court, Westchester County, entered October 29, 1971, as adjudged that he is not included within the term "issue" as used in Article Seventh of the will of Henry Stanford Brooks, deceased, and not entitled to share therein. Decree affirmed insofar as appealed from, with costs to respondents, payable out of the trust estate ( Matter of Carll, 34 A.D.2d 793, affd. 27 N.Y.2d 917). Rabin, P.J., Hopkins, Martuscello, Latham and Shapiro, JJ., concur.