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MATTER OF DEWEY

48 A.D.2d 776 (1975)

In the Matter of The Estate of Roberta L. Dewey, Deceased. Samuel Halpern et al., as Executors of Meyer Halpern, Deceased Executor of Roberta L. Dewey, et al., Respondents; John Dewey Foundation, Inc., Appellant

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

June 10, 1975

Respondents-Respondents shall recover of appellant $60 costs and disbursements of this appeal. We agree with the well-reasoned opinion of the Surrogate. EPTL 5-3.3 (subd [a]) provides in clear and unambiguous language that dispositions for charitable and certain other purposes, if contested by the testator's surviving issue or parents, are valid only to the extent of one half of the testator's estate "wherever situated". While the words "wherever situated" were not contained...

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