In re the Estate of Johnson (17 N.Y.2d 448, 1965)

Order reversed, with costs to all parties appearing separately and filing separate briefs payable out of the trust estate, and the matter remitted to the Surrogates’ Court, New York County, with direction that the will be construed to include the adopted child, Michael Brennen, as a qualified remainderman of the trust. (Matter of Park, 15 N Y 2d 413.)

Concur: Chief Judge Desmond and Judges Dye, Ftjld, Van Voobhis, Bubke, Soileppi and Bebgan,