MATTER OF BERNSTEIN


40 A.D.3d 1086 (2007)

837 N.Y.S.2d 228

In the Matter of the Estate of BENJAMIN BERNSTEIN, Deceased. ANITA BERNSTEIN, Appellant; SIMON LOPATA, Respondent.

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

Decided May 29, 2007.


Ordered that the decree is affirmed, with costs.

The testator Benjamin Bernstein died on June 8, 2004, leaving a will dated July 28, 2003. In the will, the testator bequeathed $20,000 to each of his three children, including the oldest, the petitioner Anita Bernstein. The testator also bequeathed a total of $221,000 to various charities and organizations. The will also contained an in terrorem clause which stated, "In the event that any beneficiary under this Will...

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