MATTER OF ROSE


28 A.D.2d 815 (1967)

In the Matter of The Estate of Benjamin Rose, Deceased. Etson H. Rose et al., Appellants-Respondents; State of Israel et al., Respondents-Appellants

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

June 29, 1967


Decree unanimously modified on the law in accordance with the memorandum, and as modified affirmed, without costs.

Memorandum:

We affirm the Surrogate's determination that the decedent did not die intestate as to any of his property and that his distributees have no interest therein. We do not agree however, with the construction of the residuary clause as creating a charitable trust. The most reasonable and natural interpretation of the residuary clause requires...

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