KATES v. YESHIVA UNIV.


13 N.Y.2d 805 (1963)

Jean F. Kates et al., Appellants, v. Yeshiva University et al., Respondents, and Abraham Levingson et al., Individually and as Executors of Isaac Levingson, Deceased, Appellants.

Court of Appeals of the State of New York.

Decided July 10, 1963.


Attorney(s) appearing for the Case

Raphael H. Weissman and M. Edward Katz for appellants.

Sidney Schutz and Edward J. McCullen for Yeshiva University, respondent.

Louis J. Lefkowitz, Attorney-General (Kenneth D. Shearer and Paxton Blair of counsel), as attorney for ultimate charitable beneficiaries, respondent.

Concur: Chief Judge DESMOND and Judges FULD, BURKE and FOSTER. Judge DYE dissents in the following opinion in which Judges VAN VOORHIS and SCILEPPI concur.


Judgment affirmed, without costs.

DYE, J. (dissenting).

Under date of March 17, 1953, the decedent, Isaac Levingson, then upwards of 89 years of age, entered into a formal written agreement with his four adult children by which the parties undertook to pay to his wife, Elizabeth, then 22 years younger and mother of the children, as party of the third part, in the event the income to his wife upon his...

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