Legal Opinion
In re the Estate of Othmer
New York Supreme Court
Decided May 19, 2006PublishedCited by 3 opinions
1Opinion of the Court
*920OPINION OF THE COURT
Frank R. Seddio, S.
This is an uncontested petition to release funds in the Othmer Endowment Fund, a restricted fund of the Long Island College Hospital (LICH or the Hospital), under the doctrine of cy pres, as codified under EPTL 8-1.1 (c). The funds were given to LICH under the wills of Dr. Donald F. Othmer and his wife, Mildred Topp Othmer.
Background
Dr. Donald Othmer died on November 1, 1995, and his will was admitted to probate by this court on July 8, 1996. Pursuant to article Nine, clause (b), Dr. Othmer bequeathed $3,500,000 to LICH, to be held as the Othmer…
2Cases cited21 opinions
- Koch v. Consolidated Edison Co. of New York, Inc.New York Court of Appeals · 1984
- In Re the Estate of WilsonNew York Court of Appeals · 1983
- In re the Construction of the Will of LawlessNew York Surrogate's Court · 1949
- In re the Estate of BowneNew York Surrogate's Court · 1958
- In re the Estate of GoehringerNew York Surrogate's Court · 1972
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3Cited by3 opinions
- Georgia O'Keeffe Foundation (Museum) v. Fisk UniversityCourt of Appeals of Tennessee · 2009
- In Re Fisk UniversityCourt of Appeals of Tennessee · 2011
- In re Edward John Noble Hospital of GouverneurNew York Supreme Court · 2013