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MATTER OF ISENBERG

35 A.D.3d 120 (2006)

823 N.Y.S.2d 381

In the Matter of the Estate of PHILIP ISENBERG, Deceased. RICHARD ISENBERG, Appellant; DORIS BERGER, as Executrix of PHILIP ISENBERG, Deceased, Respondent.

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

October 31, 2006.

Attorney(s) appearing for the Case

McLaughlin & Stern, LLP, New York City (Paul E. Van Horn of counsel), for appellant.

Law Offices of Joseph D'Elia, Huntington (Mark G. Vaughan of counsel), for respondent.

MARLOW, SWEENY and CATTERSON, JJ., concur with BUCKLEY, P.J.; McGUIRE, J., concurs in part and dissents in part in a separate opinion.

OPINION OF THE COURT

BUCKLEY, P.J.

Testator, who during his lifetime had acquired and displayed throughout his dwelling numerous paintings, statues, and other art objects by struggling local artists, provided in his will:

"I give and bequeath to my sister, GLADYS ISENBERG BERGER, any and all household items which she desires to take from my principal residence after my decease. Anything which she does not take from my principal residence shall become...

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