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MATTER OF ECKART

48 A.D.2d 61 (1975)

In the Matter of The Estate of Julia Eckart, Deceased. Carl Kramer, Appellant; Attorney-General of the State of New York, Intervenor-Appellant; Charlotte A. Eckart et al., Respondents

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

May 19, 1975

Attorney(s) appearing for the Case

Koozman & Hartman (George H. Hartman and Emory Gardiner of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Anthony S. Urso and Samuel A. Hirshowitz of counsel), for ultimate charitable beneficiaries.

Daniel Danzig (William P. Laino of counsel), for respondents.

MARTUSCELLO, Acting P. J., and COHALAN, J., concur, on the opinion of Surrogate LAURINO; CHRIST J., concurs in the result, with an opinion; LATHAM and SHAPIRO, JJ., dissent and vote to reverse and to adjudge that petitioners are not entitled to take a share of the estate against the will, with an opinion.

The decree of the Surrogate's Court, Queens County, dated May 16, 1973, should be affirmed.

CHRIST, J. (concurring).

I concur with the affirmance of the decree under review, but my reasons for so holding differ from my associates.

This appeal concerns the right of certain persons to contest testamentary charitable distributions.* The issue is not new and, in fact, has previously been determined by this court...

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