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MATTER OF BRIGNOLE

32 A.D.3d 538 (2006)

820 N.Y.S.2d 323

In the Matter of the Estate of MICHAEL P. BRIGNOLE, Deceased. PAUL TERZULLI, Respondent; ATTORNEY GENERAL OF STATE OF NEW YORK, Appellant. (Proceeding No. 1.) In the Matter of the Estate of MARIE BRIGNOLE, Deceased. PAUL TERZULLI, Respondent; ATTORNEY GENERAL OF STATE OF NEW YORK, Appellant. (Proceeding No. 2.)

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

August 29, 2006.

Ordered that the order is affirmed, with costs.

The Surrogate's Court, in a prior order, interpreted the will of the petitioner's decedent Michael P. Brignole (hereinafter the decedent) as creating a trust, with the decedent's wife receiving the income from the trust for life. Pursuant to the residuary clause of the will, upon the death of the decedent's wife "any remaining funds will be given to such charities" as the decedent's executors direct. The disputed provision...

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