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In re the Construction of the Will of Gottlieb

193 Misc. 940, 85 N.Y.S.2d 701, 1948 N.Y. Misc. LEXIS 3846
CourtNew York Surrogate's Court
DecidedDecember 20, 1948
StatusPublished

This text of 193 Misc. 940 (In re the Construction of the Will of Gottlieb) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Construction of the Will of Gottlieb, 193 Misc. 940, 85 N.Y.S.2d 701, 1948 N.Y. Misc. LEXIS 3846 (N.Y. Super. Ct. 1948).

Opinion

McGarey, S.

In this proceeding a judicial construction is

requested of paragraph “ Third ” of testator’s will, the terms of [941]*941which provide for a gift to a family corporation for the benefit of needy relatives in Europe.

The attempted gift herein is invalid for the reason that it is apparent that the gift is for a private use. rather than one of public interest (Matter of Beekman, 232 N. Y. 365; Matter of MacDowell, 217 N. Y. 454).

Proceed accordingly.

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Related

In Re the Estate of Beekman
134 N.E. 183 (New York Court of Appeals, 1921)
In Re the Probate of the Will of MacDowell
112 N.E. 177 (New York Court of Appeals, 1916)

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Bluebook (online)
193 Misc. 940, 85 N.Y.S.2d 701, 1948 N.Y. Misc. LEXIS 3846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-construction-of-the-will-of-gottlieb-nysurct-1948.