In re the Construction of the Will of Gottlieb

Court: New York Surrogate's Court
Date filed: 1948-12-20
Citations: 193 Misc. 940
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Lead Opinion
McGarey, S.

In this proceeding a judicial construction is

requested of paragraph “ Third ” of testator’s will, the terms of

Page 941
which provide for a gift to a family corporation for the benefit of needy relatives in Europe.

The attempted gift herein is invalid for the reason that it is apparent that the gift is for a private use. rather than one of public interest (Matter of Beekman, 232 N. Y. 365; Matter of MacDowell, 217 N. Y. 454).

Proceed accordingly.