In re the Estate of Scott

George Frankenthaler, S.

In its prior decision (1 Misc 2d 206) this court held that the bequest of one third of the remainder of the residuary trust to Loomis Sanatorium would be distributed in accordance with the cy pres doctrine, due to the inability of the designated legatees to fulfill testatrix’ charitable purposes. Determination of the manner in which this fund should be administered in order to “ most effectually accomplish [testatrix’] general purposes ” (Personal Property Law, § 12, subd. 2) was then deferred.

The will divides the residuary trust remainder equally among three…