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MATTER OF JOHNSON

93 A.D.2d 1 (1983)

In the Matter of The Estate of Edwin I. Johnson, Deceased. Robert Abrams, as Attorney-General of The State of New York, Appellant; Jonathan G. Blattmachr, Respondent

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

March 21, 1983

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Shirley Adelson Siegel, Deborah Bachrach and Lawrence S. Kahn of counsel), appellant pro se.

Jonathan G. Blattmachr (Milbank, Tweed, Hadley & McCloy [Linden Havemeyer Wise] of counsel), guardian ad litem for unknown males who are prospective scholarship recipients under the will of Edwin Irving Johnson, respondent pro se.

Wirth H. Koenig, c/o Greenbaum, Wolff & Ernst, guardian ad litem for unknown distributees under the will of Edwin Irving Johnson.

Abigail A. Jones, Lenore W. Tucker, Phyllis N. Segal and Anne E. Simon, for New York State National Organization for Women and Advocates for Children, amici curiae.

WEINSTEIN and BROWN, JJ., concur with MOLLEN, P. J.; NIEHOFF, J., dissents and votes to affirm the intermediate decree, with an opinion, in which BOYERS, J., concurs.

MOLLEN, P. J.

The issue presented on this appeal is whether the equal protection clause of the Fourteenth Amendment is violated when a Surrogate reforms the provisions of a will so as to give effect to a testamentary bequest which discriminates on the basis of sex.

In 1978 Edwin Irving Johnson died. His will created a gender-restricted scholarship fund to be administered by the Croton-Harmon Union Free...

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