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  5. 39 N.Y.2d 493 (1976)
 

MATTER OF ECKART

39 N.Y.2d 493 (1976)

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.

Court of Appeals of the State of New York.

Decided May 4, 1976.

Attorney(s) appearing for the Case

George H. Hartman and Emory Gardiner for appellant.

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

Douglas J. Danzig, William P. Laino and Paul D. Montclare for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur.

WACHTLER, J.

Julia Eckart died on August 13, 1970, survived by her two children, Charlotte Eckart and Frank Darmody, the petitioners in this proceeding. She left a simple will, dated August 4, 1966, in which beginning with the THIRD article, she disposed of her entire estate as follows:

"THIRD: Should they survive me, I give, devise and bequeath to my daughter...

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