MATTER OF MACKENZIE


197 Misc. 979 (1950)

In the Matter of the Accounting of National Bank & Trust Company of Danbury, as Ancillary Committee of the Property of Benjamin G. Demarest, an Incompetent, et al., as Executors and Trustees under The Will of John Mackenzie, Deceased.

Surrogate's Court, Kings County.

March 22, 1950.


Attorney(s) appearing for the Case

Standish F. Medina for executors and trustees, petitioners.

John F. Brosnan for Servants of Relief for Incurable Cancer and others, respondents.

William H. Amend for Sisters of the Poor of St. Francis and others, respondents.

John J. Fallon for St. Mary's Hospital, Hoboken, New Jersey, and others, respondents.

Gillespie & O'Connor for Catholic Charities of the Archdiocese of New York and others, respondents.

Raymond A. McCourt for Catholic Foreign Mission Society of America, Inc., and others, respondents.

Hurley, Gray & Kearney for Monastery of Our Lady of Mount Carmel, Brooklyn, and others, respondents.

William J. Schmitt for Church of St. Peter, respondent.

Brown, Cross & Hamilton for Herald Tribune Fresh Air Fund, respondent.

Bryan Brady for Sisters of Mercy of the Diocese of Ogdensburg, respondent.

Barry, Wainwright, Thacher & Symmers for American Humane Association and another, respondents.

Forbes J. Holland for Dominican Sisters of the Sick Poor, respondent.

Smith & Reiher for St. Vincent's Home of the City of Brooklyn for the Care and Instruction of Poor and Friendless Boys, respondent.

O'Connell & Butler for Roman Catholic Orphan Asylum, respondent.

Joseph V. Mitchell for Catholic Missionary Union, respondent.

Lord, Day & Lord for St. John's Guild, respondent.

Joseph V. McKee for St. Vincent's Hospital of the City of New York, respondent.

Cadwalader, Wickersham & Taft for Bide-A-Wee Home Association, Inc., respondent.

Barry & Barry for St. John's Long Island City Hospital, respondent.

N. Holmes Clare for Lavelle School for the Blind, respondent.

Nathaniel L. Goldstein, Attorney-General (Corning G. McKennee of counsel), in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law.


McGAREY, S.

The accountants seek varied relief in their petition including a construction of will herein to determine disposition to be made of legacies to seven unincorporated charitable organizations; and reservation of the balance of the fund of $65,000 provided for under clause "Fifty-seventh" of the will for payment of taxes and assessments called for by clause "Fifty-fourth" of the will.

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