In the Matter of The Estate of Emma W. Scott, Deceased.
Surrogate's Court, New York County.https://leagle.com/images/logo.png
August 23, 1956.
August 23, 1956.
Attorney(s) appearing for the Case
Henry Logan for Charles L. Morse and another, as trustees under the will of Emma W. Scott, deceased, petitioners.
Jacob K. Javits, Attorney-General (Kenneth D. Shearer of counsel), respondent, in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law.
Harry Gilgulin and Bernard Austin for Bernarr Macfadden Foundation, Inc., and another, respondents.
Arthur J. X. Hines for St. Luke's Hospital, respondent.
Louis Merlino and Bernard Bressler for Clayton Westbay and others, respondents.
Kelley, Drye, Newhall & Maginnes for Society of New York Hospital, respondent.
Benjamin Frank for Deborah Sanatorium, respondent.
Frederick W. V. Schadt for Liberty-Loomis Hospital, respondent.
George Z. Zabriskie for Cathedral Church of St. John the Divine in the City and Diocese of New York, respondent.
Collier Platt for National Tuberculosis Association, respondent.
Herbert M. Horowitz, special guardian for unknown infants and incompetents, respondent.
Surrogate's Court, New York County.
GEORGE FRANKENTHALER, S.
In its prior decision (1 Misc.2d 206) this court held that the bequest of one third of the remainder of the residuary trust to Loomis Sanatorium would be distributed in accordance with the cy pres doctrine, due to the inability of the designated legatees to fulfill testatrix' charitable purposes. Determination of the manner in which this fund should...
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