MATTER OF ECKERT


43 A.D.2d 365 (1974)

In the Matter of The Estate of Robert R. Eckert, Deceased. Eva S. Eckert et al., as Trustees under the Last Will of Robert R. Eckert, Deceased, Appellants; Town of Colchester, Respondent

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

January 31, 1974.


Attorney(s) appearing for the Case

Paternoster & Estes (Francis R. Paternoster of counsel), for appellants.

Paul F. Eaton for respondent.

GREENBLOTT, COOKE, KANE and MAIN, JJ., concur.


HERLIHY, P. J.

This is an appeal from a decree of the Surrogate's Court of Delaware County, entered March 26, 1973, which construed testator's will so as to apply the cy pres doctrine to a trust fund which had been established to provide funds for a cemetery corporation which subsequently ceased to operate.

As relevant to this proceeding, the testator's last will and testament provided, in part, as follows...

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