In re the Estate of Goehringer
New York Surrogate's Court
1Opinion of the Court
Nathan R. Sobel, S.
The executor has presented for construction paragraph Fifth of testator’s will. He contends that the charitable disposition, made therein has ‘1 failed ’ ’ and in consequence the disposition falls into the residuary. The charitable beneficiary and the Attorney-General contend that the cy pres doctrine (EPTL 8-1.1) should be applied. So far as pertinent the disposition provides: “ fifth : I give and bequeath the sum of twenty thousand dollars ($20,000) to Brooklyn preparatory school — to be used to create and found “ the bdward bingham GOEHRINGER and ANNA DALTON GOEHRINGER…
2Cases cited28 opinions
- Wright v. . WrightNew York Court of Appeals · 1919
- Evans v. AbneySupreme Court of the United States · 1970
- Sherman v. Richmond Hose Co. No. 2New York Court of Appeals · 1921
- In Re the Will of NeherNew York Court of Appeals · 1939
- In Re the Will of FletcherNew York Court of Appeals · 1939
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3Cited by16 opinions
- In re the Estate of KraetzerNew York Surrogate's Court · 1983
- In Re Multiple Sclerosis Service Organization of New York, Inc.New York Court of Appeals · 1986
- In re the Estate of OthmerNew York Surrogate's Court · 2000
- Georgia O'Keeffe Foundation (Museum) v. Fisk UniversityCourt of Appeals of Tennessee · 2009
- Episcopal Charities of Albany, Inc. v. Albany Medical Center-South Clinical CampusNew York Supreme Court · 2005
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