In re Gershenson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*679Contrary to the petitioners’ contention, the Surrogate’s Court did not err in finding that the subject bequest was a specific bequest (see EPTL1-2.17; Matter of Powers, 166 AD2d 534 [1990]; Matter of Fitzgerald, 29 AD2d 325, 328 [1968], affd 23 NY2d 973 [1969]). Under the circumstances herein, the Surrogate’s Court also did not err in determining that the subject bequest had adeemed, by virtue of certain acts taken by the testator subsequent to the execution of the will (see EPTL 3-4.3; Matter of Lucia, 2 AD3d 638 [2003]; Matter of Powers, 166 AD2d at 534).
The petitioners’ remaining…
2Cases cited6 opinions
- Kohn v. KohnAppellate Division of the Supreme Court of the State of New York · 2011
- In re PowersAppellate Division of the Supreme Court of the State of New York · 1990
- Kane v. RudanskyAppellate Division of the Supreme Court of the State of New York · 2003
- In re the Estate of FitzgeraldNew York Court of Appeals · 1969
- In re the Estate of FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1968
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