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MATTER OF HOAGLAND

58 Misc.2d 563 (1969)

In the Matter of The Estate of Mary J. Hoagland, Deceased.

Surrogate's Court, Erie County.

January 7, 1969

Attorney(s) appearing for the Case

Cunningham, Cole, Sorrentino & Cavanaugh (Stephen E. Cavanaugh of counsel), for executor, petitioner. Flaherty & Shea (James P. Shea of counsel), for Theresa Abel. Merrill G. Windelberg for Shriners Hospital for Crippled Children.

WILLIAM J. REGAN, S.

In this judicial settlement proceeding the court has been asked to determine the manner of computation and the effect of the exercise by Theresa Abel, mother of the decedent, of her rights under EPTL 5-3.3. This section reads in part: "Limitations on testamentary dispositions for charitable and other purposes. (a) A person may make a testamentary disposition of his entire estate to any person...

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