MATTER OF CARPER


50 N.Y.2d 974 (1980)

In the Matter of The Estate of Mallie Carper, Also Known as Amelia Carper, Deceased. Rose Price et al., Appellants; Louis J. Lefkowitz, as Attorney-General of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided June 26, 1980.


Attorney(s) appearing for the Case

Wayne I. Ohl for appellants.

Robert Abrams, Attorney-General (Thomas Fernandes, Shirley Adelson Siegel and Irwin M. Strum of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate.

The disputed paragraph in the decedent's will evidenced a clear and unambiguous intention to bequeath the residue of her estate for charitable purposes, and thus the gift does not fail for indefiniteness...

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