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Matter of Delamar

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1923
205 App. Div. 877 (N.Y. App. Div. 1923)

Summary

In Matter of DeLamar, 118 Misc. 129, Surrogate Cohalan said: "If a testator who is survived by a wife, child or parent, has given more than one-half of his estate to charitable corporations, immediately upon his death the title to so much of his estate as exceeds the statutory restriction vests in his heirs or next of kin. Chamberlain v. Chamberlain, supra; Decker v. Vreeland, supra; Barber v. Terry, supra.

Summary of this case from Matter of Joseph J. Oster

Opinion

February, 1923.

Present — Clarke, P.J., Dowling, Page, Merrell and McAvoy, JJ.


Motion for reargument denied. Motion for leave to appeal to the Court of Appeals granted. Settle order on notice.


Summaries of

Matter of Delamar

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1923
205 App. Div. 877 (N.Y. App. Div. 1923)

In Matter of DeLamar, 118 Misc. 129, Surrogate Cohalan said: "If a testator who is survived by a wife, child or parent, has given more than one-half of his estate to charitable corporations, immediately upon his death the title to so much of his estate as exceeds the statutory restriction vests in his heirs or next of kin. Chamberlain v. Chamberlain, supra; Decker v. Vreeland, supra; Barber v. Terry, supra.

Summary of this case from Matter of Joseph J. Oster
Case details for

Matter of Delamar

Case Details

Full title:In the Matter of JOSEPH R. DELAMAR, Deceased

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 1, 1923

Citations

205 App. Div. 877 (N.Y. App. Div. 1923)

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