MATTER OF JOLSON


202 Misc. 907 (1952)

In the Matter of the Construction of The Will of Al Jolson, Deceased.

Surrogate's Court, New York County.

May 16, 1952.


Attorney(s) appearing for the Case

Ferdinand Pecora and Herbert P. Jacoby for Irving Trust Company and another, as executors of Al Jolson, deceased, petitioners.

Siegfried F. Hartman for Federation of Jewish Philanthropies of New York, respondent.

George A. Timone for Catholic Charities of the Archdiocese of New York, respondent.

Gillespie & O'Connor for Society of St. Vincent de Paul in the City of New York, respondent.

Robert L. Hoguet for St. Vincent de Paul Institute, respondent.

William A. Kirk for Orphans Home & Asylum of the Protestant Episcopal Church and Leake & Watts Children's Home, Inc., respondent.

White & Case for American National Red Cross, respondent.

Henry J. Kennedy for Trustees of Columbia University in the City of New York, respondent.

Winthrop A. Short for New York University, respondent.

Root, Ballantine, Harlan, Bushby & Palmer for Memorial Center for Cancer and Allied Diseases, respondent.

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

Daniel J. Madigan for Erle Jolson, individually and as general guardian of Asa Jolson, respondent.

Denis M. Hurley, Corporation Counsel (John F. Kelly of counsel), for Board of Higher Education of City of New York, respondent.

Abraham Lillienthal for Alumni Association of the City College of the College of the City of New York, Inc., respondent.

Joseph A. Macchia, special guardian for Asa Jolson, an infant, respondent.


FRANKENTHALER, S.

This is a proceeding for judicial construction of the eleventh article of the will, which disposes of the residuary estate to eighteen charitable institutions. Questions have arisen respecting the identity of certain of the legatees or the manner of executing the charitable gifts.

(1) The legatee described as "Society of St. Vincent de Paul — Orphan Asylum" has been identified...

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