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Matter of Brooks

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1972
39 A.D.2d 942 (N.Y. App. Div. 1972)

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 Lawrence

Opinion

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.


Summaries of

Matter of Brooks

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1972
39 A.D.2d 942 (N.Y. App. Div. 1972)

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 Lawrence
Case details for

Matter of Brooks

Case Details

Full title:In the Matter of the Estate of HENRY S. BROOKS, Deceased. JAMES H. BROOKS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 12, 1972

Citations

39 A.D.2d 942 (N.Y. App. Div. 1972)

Citing Cases

Matter of Lawrence

What is significant is that the court neither cited Park nor discussed whether the presumption where the…

Matter of Gardiner

The Court of Appeals affirmed in Carll on the opinion of this court (Matter of Carll, 27 N.Y.2d 917, supra).…