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MATTER OF CLARK

304 A.D.2d 1034 (2003)

757 N.Y.S.2d 649

In the Matter of the Estate of BETSEY L. CLARK, Deceased. PAUL P. PERKINS et al., Appellants; SOUTHWORTH LIBRARY ASSOCIATION OF DRYDEN et al., Respondents.

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

Decided April 17, 2003.

Kane, J.

Betsey L. Clark (hereinafter decedent) died in 1966, leaving a will dated April 17, 1958. The will left decedent's residuary estate in trust to respondent Southworth Library Association of Dryden (hereinafter the Library), "on condition, however, that the [Library] has not joined the Tompkins County Federated Library Plan and does not join it after my death." If the Library joined the Federated Library Plan, the residuary estate was to pass to petitioner...

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