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MATTER OF CAIRO

35 A.D.2d 76 (1970)

In the Matter of The Estate of Mary Cairo, Deceased. Louis J. Lefkowitz, as Attorney-General, et al., Appellants; Joseph L. Cairo et al., Respondents

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

July 20, 1970.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Judith T. Younger of counsel), for ultimate charitable beneficiaries, appellant in person.

Tenzer, Greenblatt, Fallon & Kaplan for Fight For Sight, Inc., appellant.

Irwin N. Schneider (Howard J. Goldstein of counsel), for Joseph L. Cairo, respondent.

CHRIST, P. J., RABIN, HOPKINS and BRENNAN, JJ., concur.

MUNDER, J.

These appeals present an interesting question of testamentary and statutory construction. Essentially, the question is whether respondent Joseph L. Cairo should be permitted to contest a disposition in the deceased's will to certain named charities by reason of EPTL 5-3.3.

The deceased passed away in November, 1967 survived by a sister, Elizabeth Jennings, and a grandson, respondent Joseph L. Cairo. Her will, which was admitted to probate...

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