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IN THE MATTER OF ESTATE OF WIRTH

5 N.Y.3d 875 (2005)

842 N.E.2d 480

808 N.Y.S.2d 582

In the Matter of the Estate of RAYMOND P. WIRTH, Deceased. DREXEL UNIVERSITY, Respondent; RAYMOND P. WIRTH, JR., et al., Appellants.

Court of Appeals of the State of New York.

Decided November 22, 2005.

Attorney(s) appearing for the Case

Jones & Jones, Garden City (Lawrence T. Jones of counsel), for appellants.

Poles, Tublin, Stratakis, Gonzalez & Weichert, LLP, New York City (Scott R. Johnston of counsel), for respondent.

Reed Smith LLP, New York City (Peter D. Raymond, Martha H. Munsch, Kim M. Watterson and Catherine S. Ryan of counsel), for Allegheny College and others, amici curiae.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Shortly before his death in 2000, Raymond Wirth executed a pledge agreement that provides, in part: "In consideration of my interest in education, and intending to be legally bound, I, RAYMOND P. WIRTH, irrevocably pledge and promise to pay DREXEL UNIVERSITY the sum of ONE HUNDRED FIFTY THOUSAND and 00/100 Dollars ($150,000.00)." It is undisputed...

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