In Re a Trust Created by Gurney

I respectfully dissent. In 2007, Margaret E. Gurney (hereinafter decedent) established a revocable living trust, including specific bequests and a residuary clause that distributed the remainder of her estate to three charitable institutions in the City of Oneonta, Otsego County as follows: 40% each to respondents A.O. Fox Memorial Hospital and Hartwick College, and 20% to respondent St. Mary’s Roman Catholic School at “5588 State Route 7 in Oneonta, New York 13820” (hereinafter the school). There is no dispute that the closure of the school in June 2011 rendered the gift “impracticable or…