MATTER OF SPARACIO


47 N.Y.2d 771 (1979)

In the Matter of The Estate of Charles M. Sparacio, Also Known as Salvatore M. Sparacio, Deceased. Mary Sparacio, Respondent; Eileen Maroshick, Appellant.

Court of Appeals of the State of New York.

Decided May 3, 1979.


Attorney(s) appearing for the Case

Bernard Meyerson and Herman M. Goldberg for appellant.

Roy Rudd and John G. Nicholas for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate.

We agree that the testamentary disposition in this instance was precatory rather than mandatory. The testator, knowledgeable in matters of legal drafting, chose to employ the classic words of precatory import — "wish and desire". Additionally...

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