In re the Construction of the Will of Gottlieb

193 Misc. 940, 85 N.Y.S.2d 701, 1948 N.Y. Misc. LEXIS 3846
New York Surrogate's Court·Decided December 20, 1948·Published

Opinion

McGarey, S.

In this proceeding a judicial construction is

requested of paragraph “ Third ” of testator’s will, the terms of [941] which 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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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).

193 Misc. 940 (In re the Construction of the Will of Gottlieb) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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)