MATTER OF ELDRED


28 A.D.2d 769 (1967)

In the Matter of the Construction of The Will of Etta Eldred, Deceased. Evelyn F. Rosbrook, as Administratrix C. T. A. of Etta Eldred, Deceased, Respondent. Board of Education of Central School District No. 1, Towns of Altamont and Piercefield, Franklin and St. Lawrence Counties, et al., Appellants

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

June 19, 1967


GIBSON, P. J.

In the event that at the time of my death such a library has been built, erected or building remodeled, or upon the death of my husband, if I predecease him, then, and in that event, I give, devise and bequeath my residuary estate to my niece, Evelyn Fountain Rosbrook, to be her own forever." A public building, which had been constructed as an elementary school but had not been used for school purposes for many years, was, at the time of...

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