MATTER OF CARMER


71 N.Y.2d 781 (1988)

In the Matter of The Estate of Elizabeth H. B. Carmer, Deceased. Barbara Scoppettone, Respondent; Willis C. Bailey, Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1988.


Attorney(s) appearing for the Case

David Feureisen and John R. Bartels, Jr., for appellant.

Irving J. Neimark and Warren J. Schneider for respondent.

Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur; Judge TITONE taking no part.


Chief Judge WACHTLER.

The question in this will construction proceeding is whether decedent's specific bequest of all her shares of common or preferred stock included her interest in the cooperative apartment in which she resided. We hold that it did not, and that the interest passes instead under the will's residuary clause.

Elizabeth Carmer executed a will in 1973, when she was 72 years old, leaving...

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