MATTER OF RIEG


28 A.D.2d 530 (1967)

In the Matter of the Accounting of Wilhelmine Rieg et al., as Executors of Elisabeth Epple, Deceased, Appellants. Louis J. Lefkowitz, Attorney-General of The State of New York, Attorney for Ultimate and Indefinite Charitable Beneficiaries, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 25, 1967


Decree of Surrogate's Court, Bronx County, unanimously reversed, on the law, and no effective disposition having been achieved by subdivision (b) of Article Seventeenth of the will, that portion of the will is directed to be distributed as in intestacy, with $50 costs and disbursements to all parties filing briefs, payable out of the estate.

All of the internal evidence in the will abundantly demonstrates that the intention of the testatrix was to take care of her...

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