Legal Opinion

In re Estate of Geng

New York Surrogate's Court

Decided September 8, 2015Published

1Opinion of the Court

OPINION OF THE COURT

Edward W. McCarty III, J.

This is a petition under EPTL 8-1.1 for an order determining the disposition of a charitable bequest.

The decedent’s last will and testament, dated February 22, 1991, was admitted to probate by a decree of this court. At issue is a bequest of $100,000 to “United Lutheran, 17 South Road, Hicksville, New York . . . to be used for their general purposes.” There is no gift over. The executor, who was initially unable to locate or trace the history of “United Lutheran,” petitioned for an order directing the substitution of a neighboring church as the…

2Cases cited3 opinions

  1. Episcopal Charities of Albany, Inc. v. Albany Medical Center—South Clinical CampusAppellate Division of the Supreme Court of the State of New York · 2006
  2. In re the Construction of the Will of HodgesNew York Surrogate's Court · 1960
  3. In re the Estate of HackettNew York Surrogate's Court · 1962

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