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MATTER OF NURSE

35 N.Y.2d 381 (1974)

In the Matter of The Estate of Godfrey Nurse, Also Known as Henry A. G. Nurse, Deceased. Thomas B. Dyett et al., Respondents; Distributees of The Estate of Godfrey Nurse, Deceased, Appellants. City of New York, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided November 21, 1974.

Attorney(s) appearing for the Case

Elrich A. Eastman for appellants.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and George J. Wallace of counsel), for charitable beneficiaries, respondent.

Adrian P. Burke, Corporation Counsel (Martin H. Selman and Milton H. Harris of counsel), for City of New York, respondent.

Joseph T. Arenson, Waldemar J. Dittmar and Philip Bekerman for Public Administrator, respondent.

Patrick J. Carr for Clementine Nurse Le Touzé, amicus curiae.

Judges GABRIELLI, JONES and WACHTLER concur with Judge RABIN; Chief Judge BREITEL dissents and votes to reverse in a separate opinion in which Judge JASEN concurs; Judge STEVENS taking no part.

RABIN, J.

We are called upon to construe the will of Godfrey Nurse, made in 1961. Our attention is focused upon Article "TENTH" pouring over his residuary estate to an inter vivos charitable trust, created in 1956. Before the testator's death in 1968, that trust was the subject of a 1967 judgment of the Supreme Court. The issue is whether by that judgment the trust was terminated or merely amended. If...

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