IN RE PFIZER


33 N.J. Super. 242 (1954)

110 A.2d 40

IN THE MATTER OF THE ESTATE OF EMILE PFIZER, DECEASED. ALBERT A. TEETER AND NATIONAL CITY BANK OF NEW YORK, TRUSTEES UNDER THE LAST WILL AND TESTAMENT OF EMILE PFIZER, DECEASED, PLAINTIFFS, v. LADY HELEN DUNCAN, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided January 19, 1954.


Attorney(s) appearing for the Case

Mr. Frank J. Valgenti, attorney for plaintiffs.

Messrs. Hopkins, Vorburger & Dickson, attorneys for the City of New York, on behalf of Gouverneur Hospital and Bellevue Hospital (Tuberculosis Clinic), two hospitals owned, operated and maintained by it through its Department of Hospitals, and Association for the Aid of Crippled Children.

Messrs. Soons & Durand, attorneys for Helen Duncan, Alice Bachofen Von Echt, individually and as co-administratrix of the estate of Gustavus Pfizer, deceased, and City Bank Farmers Trust Company, as co-administrator of the estate of Gustavus Pfizer, deceased.

Mr. Ronald A. Gulick, attorney for New York Association for the Blind, the Presbyterian Hospital in the City of New York, New York Orthopedic Dispensary and Hospital and Neurological Institute of New York.

Messrs. Wingate & Cullen, attorneys for Marien-Heim of Brooklyn.

Messrs. Shearman & Sterling & Wright, attorneys for the Roosevelt Hospital.

Messrs. Toner, Crowley, Woelper & Vanderbilt, attorneys for New York University, successor by merger and consolidation to New York Post Graduate Medical School and Hospital.

Mr. Thornton C. Land, attorney for Beekman-Downtown Hospital (formerly known as Broad Street Hospital).


EWART, J.S.C.

The complaint in this suit, as amended in the pretrial order and by orders entered October 29, 1952 and August 21, 1953, is in two counts. The first count seeks a construction of articles 7, 8, 9 and 10 of testator's will, which articles read as follows:

"SEVENTH: I give and bequeath One hundred thousand ($100,000) Dollars, to my Trustees hereinafter named, IN TRUST, NEVERTHELESS, for the uses and purposes following:

(1) To invest and...

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