In 1944, Benjamin Feinberg bought a plot in Beth Israel Cemetery in Plattsburgh, New York. A mausoleum

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In 1944, Benjamin Feinberg bought a plot in Beth Israel Cemetery in Plattsburgh, New York. A mausoleum was built on the plot to contain six crypts. In 1954, Feinberg’s spouse died and was interred in one of the crypts. Feinberg, his only son, one of his two daughters, and the daughter’s son, Julian Bergman, began using the mausoleum regularly as a place of prayer and meditation. When Feinberg died, he was interred in the mausoleum. His two daughters were interred in two of the remaining crypts on their deaths. Feinberg’s son died in 2001 and was interred in the fifth crypt. His widow, Laurie, then changed the locks on the mausoleum and refused access to Julian, who filed a suit in a New York state court against her to obtain a key. Feinberg and all of his children died testate, but none of them made a specific bequest of their interest in the plot to anyone. Each person’s will included a residuary clause, however. Who owns the plot, who has access to it, and why?

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Business Law Text and Cases

ISBN: 978-0324655223

11th Edition

Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Gaylord A. Jentz, F

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