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administration adopted agreement appeal applied appointment assets assignment attesting attorney bank beneficiary benefit bequest cestui child claim codicil common law conveyance corporation court of equity created creditors death deceased decedent decedent's decision declared decree deed defendant delivery devise disposition distribution doctrine donor dower effect entitled equity Estate Law evidence executed executor fact fee simple fee tail fiduciary fund future interests gift causa mortis heirs held husband income inheritance instrument intention inter vivos intestacy issue judgment jurisdiction L.Ed land legacy legatee limitation matter ment opinion parties payment personal property plaintiff possession probate provisions purpose question reason remainder residuary result resulting trust revocation revoke Rule against Perpetuities S.Ct settlor share spendthrift trust Statute of Frauds statutory supra surviving spouse testamentary testator's testatrix thereof tion transfer trust trust instrument undue influence valid vested void wife witnesses York