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MATTER OF OTHMER

12 Misc.3d 414 (2006)

812 N.Y.S.2d 304

In the Matter of the Estate of MILDRED OTHMER, Deceased.

Surrogate's Court, Kings County.

March 16, 2006.

Attorney(s) appearing for the Case

Perlman & Perlman, New York City, for petitioner.

Eliot Spitzer, Attorney General, New York City (Carl Distefano of counsel), for ultimate charitable beneficiaries.

OPINION OF THE COURT

FRANK R. SEDDIO, S.

This is an uncontested proceeding by Polytechnic University for cy pres relief pursuant to EPTL 8-1.1 (c).

Background

Mildred Topp Othmer died on April 9, 1998. Her will, dated August 8, 1988, was admitted to probate by this court on December 30, 1998. In her will, she left a substantial amount of her estate to Polytechnic University. In article ONE of the will, she left her real property, worth...

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