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MATTER OF ECKART

72 Misc.2d 934 (1973)

In the Matter of The Estate of Julia Eckart, Deceased.

Surrogate's Court, Queens County.

January 17, 1973

Attorney(s) appearing for the Case

Daniel Danzig for petitioners. Koozman & Hartmen for Carl Kramer, as executor. Louis J. Lefkowitz, Attorney-General (Anthony S. Urso of counsel), for State of New York.

LOUIS D. LAURINO, S.

This case concerns the rights of children to elect against an excessive charitable disposition (EPTL 5-3.3), in view of a claimed disinheritance provision in the will. As such, it stands in what is becoming a discernible line of reported cases struggling with the effects of Matter of Cairo (35 A.D.2d 76, unanimously affd. without opn. 29 N.Y.2d 527).

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