Legal Opinion
In Re the Estate of Carper
New York Court of Appeals
Decided June 26, 1980PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate.
The disputed paragraph in the decedent’s will evidenced a clear and unambiguous intention to bequeath the residue of her estate for charitable purposes, and thus the gift does not fail for indefiniteness (EPTL 8-1.1). That the testatrix indicated in her will a collateral intention that the money be used to establish "memorials” in the memory of her departed relations does not compel a contrary conclusion,…
2Cases cited4 opinions
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
- Sherman v. Richmond Hose Co. No. 2New York Court of Appeals · 1921
- In re the Estate of NurseNew York Court of Appeals · 1974
- In Re the Will of RupprechtNew York Court of Appeals · 1947
3Cited by11 opinions
- Board of Trustees of the Museum of the American Indian v. Board of Trustees of the Huntington Free Library & Reading RoomAppellate Division of the Supreme Court of the State of New York · 1994
- In re the Estate MayAppellate Division of the Supreme Court of the State of New York · 1995
- In re the Estate of OthmerNew York Surrogate's Court · 2000
- United States Ex Rel. United States Coast Guard v. CerioDistrict Court, E.D. Virginia · 1993
- In re the Estate of OthmerNew York Supreme Court · 2006
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