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MATTER OF BISHOP

1 A.D.2d 612 (1956)

In the Matter of the Accounting of Philip M. Brett et al., as Trustees under The Will of Margaret D. Bishop, Deceased, Respondents Elizabeth T. Gardner et al., Appellants; West Fife Hospitals Board of Management et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 5, 1956.

Attorney(s) appearing for the Case

Robert H. Mulreany of counsel (Turnbull & Bergh, attorneys), for Elizabeth T. Gardner and another; (Dewey, Ballantine, Busby, Palmer & Wood, attorneys), for Memorial Center for Cancer and Allied Diseases; (Cadwalader, Wickersham & Taft, attorneys), for St. Mary's Hospital for Children, Inc.; (De Forest, Elder & Mulreany, attorneys), for Presbyterian Hospital in the City of New York, appellants.

Henry N. Ess, III, of counsel (Lorene Joergensen with him on the brief; Sullivan & Cromwell, attorneys), for West Fife Hospital's Board of Management, respondent.

Daniel M. Cohen of counsel (James O. Moore, Jr., P. Hodges Combier and Flavius N. Costerella with him on the brief; Jacob K. Javits, Attorney-General, appellant, in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law.

BREITEL, J. P., BOTEIN and RABIN, JJ., concur.

BERGAN, J.

Whether a Scottish hospital has been so altered in character by the effect of the British policy undertaken in the establishment of the national health service as no longer to qualify for benefits under a New York will is the problem presented by this case.

The testatrix, Margaret Donald Bishop, left one third of her residuary estate under contingencies which have now occurred, "to the Dunfermline...

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