In re Estate of Eckart

Christ, J. (concurring).

I concur with the affirmance of the decree under review, but my reasons for so holding differ from my associates.

This appeal concerns the right of certain persons to contest testamentary charitable distributions.* The issue is not new and, in fact, has previously been determined by this court in Matter of Cairo (35 AD2d 76, affd 29 NY2d 527). The affirmance by the Court of Appeals was without opinion. That decision has been strongly criticized by commentators and legal periodicals alike, and courts have struggled to distinguish and avoid its holding (see Matter of…