Legal Opinion

In re the Estate of Othmer

New York Supreme Court

Decided March 16, 2006PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Frank R. Seddio, S.

This is an uncontested proceeding by Polytechnic University for cy pres relief pursuant to EPTL 8-1.1 (c).

Background

Mildred Topp Othmer died on April 9, 1998. Her will, dated August 8, 1988, was admitted to probate by this court on December 30, 1998. In her will, she left a substantial amount of her estate to Polytechnic University. In article one of the will, she left her real property, worth $2,800,000, to Polytechnic University. In article eight, she left $2,000,000 to the University under the following restrictions: part or all of the gift was to…

2Cases cited17 opinions

  1. Continental Casualty Co. v. Rapid-American Corp.New York Court of Appeals · 1993
  2. Gilberg v. BarbieriNew York Court of Appeals · 1981
  3. In Re the Estate of WilsonNew York Court of Appeals · 1983
  4. Jordan Kret v. Brookdale Hospital Medical CenterNew York Court of Appeals · 1984
  5. Lefkowitz v. LebensfeldNew York Court of Appeals · 1980

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

3Cited by5 opinions

  1. Georgia O'Keeffe Foundation (Museum) v. Fisk UniversityCourt of Appeals of Tennessee · 2009
  2. In re the Estate of OthmerNew York Supreme Court · 2006
  3. In Re a Trust Created by GurneyAppellate Division of the Supreme Court of the State of New York · 2017
  4. In Re a Trust Created by GurneyAppellate Division of the Supreme Court of the State of New York · 2017
  5. In re Edward John Noble Hospital of GouverneurNew York Supreme Court · 2013

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