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MATTER OF PERKINS

1 Misc.2d 589 (1955)

In the Matter of the Accounting of United States Trust Company of New York, as Trustee under the Will of Richard C. Perkins, Deceased.

Surrogate's Court, New York County.

October 10, 1955.

Attorney(s) appearing for the Case

Duer, Strong & Whitehead for trustee, petitioner.

Howard B. Harte, Thomas J. Coyle and Griffith J. Scott for Chase National Bank of City of New York, as executor of Florence J. Perkins, deceased, respondent.

Albert J. Hiers and Hyman Grill for Samuel Pearsall, respondent.

J. Quincy Hunsicker, 3d, and Warren M. Deutsch for Society of New York Hospital, respondent.

Edwin Longcope and John F. Lang for Board of Governors of United Leeds Hospital and others, respondents.

Jacob K. Javits, Attorney-General (Flavius N. Costerella of counsel), in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law, respondent.

COLLINS, S.

The trustee under the will of Richard Charles Perkins has rendered a final account of its proceedings. The text of the testator's will in and of itself poses no problem in respect of the distribution of the remainder. However, the trustee is in doubt as to the effect of the English National Health Service Act, 1946 (9 & 10 Geo. 6, ch. 81) upon two remainder gifts of $100,000 each, and it asks...

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