In re the Estate of Ricks

Ughetta, J.,

dissents and votoes to reverse the decree, insofar as appealed from, with the following memorandum: As I read Matter of Park (15 N Y 2d 413) it is a direct holding that use of the word “ children ” creates no ambiguity even though there are adopted and natural children. “A testator or settlor must know that in the light of New York policy a foster child has exactly the same 'legal relation’ to the parent as a natural child. In the absence of an explicit purpose stated in the will * * * to exclude such a child, he must be deemed included” (Matter of Park, supra, p. 417). If the…