In re Estate of Eckart

Latham and Shapiro, JJ. (dissenting).

We find that by her will the testatrix intended to and did disinherit her children, the petitioners, except for the nominal legacies of $50 each. These nominal legacies, in our view, tend to support the testatrix’s intent to disinherit them. Thus, the decision in Matter of Cairo (35 AD2d 76, affd 29 NY2d 527), on facts almost identical to those in this case, is controlling and must *68be followed. The notices of election should therefore have been declared invalid.

The legislative trend has been to reduce restrictions on charitable bequests, apparently because…