MATTER OF JAMES


2 Misc.2d 468 (1955)

In the Matter of the Construction of the Will of Arthur C. James, Deceased.

Surrogate's Court, New York County.

December 2, 1955.


Attorney(s) appearing for the Case

Knowlton Durham for American Seamen's Friend Society, petitioner.

Harold A. Scheminger for Christodora House of the Young Women's Settlement, respondent and cross petitioner.

William C. Chanler, Knowlton Durham and John B. Jessup for First Presbyterian Church of City of New York, respondent and cross petitioner.

Francis A. Brick, Jr., and Richard Y. Holcomb for Society for Promoting the Gospel Among Seamen of the Port of New York, respondent and cross petitioner.

Milbank, Tweed, Hope & Hadley for James Foundation of New York and others, respondents.

Debevoise, Plimpton & McLean for Trustees of Amherst College and another, respondents.

De Forest, Elder & Mulreany for Presbyterian Hospital in the City of New York, respondent.

George N. Whittlesey for Children's Aid Society, respondent.

Webster, Sheffield & Chrystie for New York Public Library (Astor, Lenox and Tilden Foundations), respondent.

Davis Polk Wardwell Sunderland & Kiendl for Union Theological Seminary in the City of New York, respondent.

Hatch, Root, Barrett, Cohen & Knapp for Tuskegee Institute, respondent.

Lord, Day & Lord for Metropolitan Museum of the City of New York, respondent.

Hawkins, Delafield & Wood for American Museum of Natural History, respondent.

Patterson, Belknap & Webb for American University of Beirut, respondent.

Satterlee, Warfiled & Stephens for Hampton Institute, respondent.

Pandia C. Ralli for United States Trust Company of New York, as sole surviving executor of Arthur C. James, deceased, respondent.

Mitchell, Capron, March, Angulo & Cooney for Board of Home Missions of the Presbyterian Church of the United States, respondent.

Jacob K. Javits, Attorney-General, in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law.


GEORGE FRANKENTHALER, S.

The court has undoubted power to allow to any party to the proceeding reasonable counsel fees and reimbursement of expenses incurred in connection with the judicial construction of the will by this court and the appellate courts (Surrogate's Ct. Act, § 278). Matter of Hayden (200 Misc. 758) is not authority to the contrary. In that case...

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