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MATTER OF GENNA

69 Misc.2d 679 (1972)

In the Matter of The Estate of Giuseppa Genna, Deceased.

Surrogate's Court, Kings County.

March 30, 1972

Attorney(s) appearing for the Case

Raphael & Dorman for Julius A. Feingold, as executor, petitioner. George T. Barnett for Gaspar Genna and others, respondents. Peter F. Crispino for Domenica Zolla and another, respondents. Michael C. Curci, guardian ad litem for infant respondent. Louis J. Lefkowitz, Attorney-General (Anthony S. Urso of counsel), for ultimate charitable beneficiaries. Coudert Brothers for New York Institute for Education of the Blind, respondent.

NATHAN R. SOBEL, S.

The "descendants" have elected to contest the charitable dispositions in Mrs. Genna's will. Since she died on May 14, 1967, the provisions of section 17 of the Decedent Estate Law determine whether the dispositions to charity made by testatrix exceed the maximum permissible by law, i.e., "more than one-half part of his or her estate, after the payment of his or her debts".

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