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MATTER OF FRANK

52 A.D.2d 335 (1976)

In the Matter of The Estate of Harold Frank, Deceased. William Frank, Appellant; University of Rochester et al., Respondents

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

May 28, 1976

Attorney(s) appearing for the Case

Bernstein, White & Bernstein (David White of counsel), for appellant.

Nixon, Hargrave, Devans & Doyle (George Hamlin of counsel), for University of Rochester and others, respondents.

Harris, Beach & Wilcox (Edward Macomber of counsel), for Ruth G. Frank and another, respondents.

Louis J. Lefkowitz, Attorney-General (Peter Borrok and Samuel A. Hirshowitz of counsel), for ultimate charitable beneficiaries, respondents.

MARSH, P. J., MOULE, SIMONS and DILLON, JJ., concur.

GOLDMAN, J.

In this will construction proceeding, petitioner-appellant William Frank seeks to set aside certain charitable dispositions made by a will and trust instrument executed by his father, Harold Frank. Petitioner's theory is that the two instruments constitute a single testamentary disposition which violates the limitation on charitable bequests contained in EPTL 5-3.3. The Surrogate dismissed the petition...

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