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MATTER OF MURPHY

6 N.Y.3d 36 (2005)

843 N.E.2d 140

809 N.Y.S.2d 500

In the Matter of the Estate of MILDRED B. MURPHY, Deceased. BONNIE GUSTIN et al., as Executors of MILDRED B. MURPHY, Deceased, Petitioners; EVELYN BECKMAN, Respondent, and CONNIE MORRAL et al., Appellants.

Court of Appeals of the State of New York.

Decided October 27, 2005.

Attorney(s) appearing for the Case

Devorsetz Stinziano Gilberti Heintz & Smith, P.C., Syracuse (Kevin G. Roe of counsel), and Welch & Zink, Corning, for appellants.

Kenneth F. Joyce, Bath, William B. Joint and Sayles & Evans, Elmira (Clover M. Drinkwater of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO and R.S. SMITH concur with Judge ROSENBLATT; Judge READ dissents and votes to affirm in a separate opinion.

OPINION OF THE COURT

ROSENBLATT, J.

In her will, the testator (birth mother) bequeathed real and personal property to her adopted-out son. Because she outlived him, we must decide whether the bequests lapsed or pass to his issue under New York's anti-lapse statute (EPTL 3-3.3).

In 1924, the testator, Mildred B. Murphy, gave birth to a son, Arthur. Arthur went to live with Jim E. and Mae Manning and...

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