Legal Opinion

In re the Estate of Frank

Appellate Division of the Supreme Court of the State of New York

Decided May 28, 1976PublishedCited by 6 opinions

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

  1. Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
  2. Newman v. DoreNew York Court of Appeals · 1937
  3. Brown v. . SpohrNew York Court of Appeals · 1904
  4. Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
  5. Decker v. . VreelandNew York Court of Appeals · 1917

7 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In Re the Estate of LefftNew York Court of Appeals · 1978
  2. Caballero v. AnselmoDistrict Court, S.D. New York · 1989
  3. In Re Estate of KatzDistrict Court of Appeal of Florida · 1988
  4. In re the Estate of O'RourkeNew York Surrogate's Court · 1994
  5. Kent v. KatzDistrict Court of Appeal of Florida · 1988

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API