In re Estate of Murphy
New York Court of Appeals
843 N.E.2d 140, 6 N.Y.S.3d 36 (2005)
Mildred Murphy had a son, Arthur, who Jim and Mae Manning raised as Clair Manning and formally adopted. Mildred had no other children and eventually reestablished a relationship with Clair. Mildred’s will devised her lake cottage, $8,000, and half her residuary estate to Clair, cash gifts to two of his children, and the rest of the residuary to her sister-in-law, Evelyn Beckman, after cash gifts to other Beckman relatives. Clair died leaving four children a year before Mildred. Her executors petitioned the probate court to construe Mildred’s bequests to Clair. The court found the bequests lapsed and became part of the residuary, passing to Beckman. Clair’s children appealed. After the appellate court affirmed, New York’s highest court granted review.
Rule of Law
Holding and Reasoning (Rosenblatt, J.)
Dissent (Read, J.)
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