In re the Estate of Frank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGoldman, J.
In this will construction proceeding, petitioner-appellant William Frank seeks to set aside certain charitable dispositions made by a will and trust instrument executed by his father, Harold Frank. Petitioner’s theory is that the two instruments constitute a single testamentary disposition which violates the limitation on charitable bequests contained in EPTL 5-3.3. The Surrogate dismissed the petition.
The petition alleges that on September 27, 1966 Harold Frank executed a will in which he devised the residue of his estate to a revocable trust (hereinafter "the primary trust”) which was…
2Cases cited12 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Newman v. DoreNew York Court of Appeals · 1937
- Brown v. . SpohrNew York Court of Appeals · 1904
- Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
- Decker v. . VreelandNew York Court of Appeals · 1917
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3Cited by6 opinions
- In Re the Estate of LefftNew York Court of Appeals · 1978
- Caballero v. AnselmoDistrict Court, S.D. New York · 1989
- In Re Estate of KatzDistrict Court of Appeal of Florida · 1988
- In re the Estate of O'RourkeNew York Surrogate's Court · 1994
- Kent v. KatzDistrict Court of Appeal of Florida · 1988
1 more not listed; retrieve them via the Exa API.