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. OsterOpinion
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.