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MATTER OF ROCKEFELLER (HUBBARD)

12 N.Y.2d 124 (1962)

In the Matter of the Final Accounting of Chase Manhattan Bank, as Successor Trustee of the Trust Created for Muriel McC. Hubbard under a Deed of Trust Made by John D. Rockefeller and Equitable Trust Company of New York. Leon Leighton, as Guardian ad Litem for John R. McC. Hubbard and Other Infants, et al., Appellants; Lincoln Center for the Performing Arts, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided December 31, 1962.

Attorney(s) appearing for the Case

David W. Peck, Martin D. Heyert and Shirley Anne O'Neill for all appellants other than Leon Leighton.

Leon Leighton, as guardian ad litem for John R. McC. Hubbard and others, appellants.

Ralph M. Carson, S. Hazard Gillespie, John C. Hover, James A. Thomas, Jr., and James F. Dolan for Lincoln Center for the Performing Arts, Inc., respondent.

Louis J. Lefkowitz, Attorney-General (Julius Greenfield and Paxton Blair of counsel), for ultimate and indefinite charitable beneficiaries, respondent.

Paul C. Lambert and William Eldred Jackson for Chase Manhattan Bank, respondent.

John S. Chapman, Jr., and John F. Woods for Bennett College, respondent.

Hancock Griffin, Jr., for Juilliard School of Music, respondent.

Charles Angulo for Charles McC. Hardin and another, respondents.

Chief Judge DESMOND and Judges FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.

DYE, J.

In this appeal by permission of the Appellate Division, First Department, on a certified question, we are concerned only with a problem of pleading. The main proceeding involves a controversy as to whom the principal of an inter vivos trust created by John D. Rockefeller under date of July 3, 1917 should be distributed, he having provided that in the event the principal of the fund should be divided...

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