Summary
In Matter of Cairo (29 N.Y.2d 527) our court had accepted a construction of statute (EPTL 5-3.3) which thereafter was widely criticized.
Summary of this case from Matter of Higby v. MahoneyOpinion
Argued May 12, 1971
Decided June 10, 1971
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN T. CLANCY, S.
Howard J. Goldstein for appellant.
Louis J. Lefkowitz, Attorney-General ( Allan S. Meyers and Samuel A. Hirshowitz of counsel), for ultimate charitable beneficiaries, respondent.
Order affirmed, with costs to respondent Attorney-General against the appellant personally. No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.