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MATTER OF HAYDEN

199 Misc. 1097 (1951)

In the Matter of the Construction of The Will of Charles Hayden, Deceased.

Surrogate's Court, New York County.

June 13, 1951.

Attorney(s) appearing for the Case

John W. Davis, Walter D. Fletcher, Robert Gerstenlauer and N. Loring Bowen, Jr., for Sarah Abrams and others, petitioners.

William M. Parke, George W. Whiteside, Charles Pickett and Melvin D. Goodman for Charles Hayden Foundation, individually and as a limited partner of Hayden, Stone & Co., and others, respondents.

William Fitz Gibbon, Mark P. Stumpf and Henry L. Ughetta, II, for Herbert G. Bell and others, individually and as copartners in Hayden, Stone & Co., and another, respondents.

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

COLLINS, S.

A group of persons employed by decedent at the time of his death seek a construction of his will and a determination that the fiduciaries under his will and the trustees of the Charles Hayden Foundation have the power and authority, and are under a duty, to create a pension fund for the benefit of veteran employees of Hayden, Stone & Co. The present petitioners claim that they are within that...

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