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MATTER OF PERKINS

3 N.Y.2d 281 (1957)

In the Matter of the Accounting of United States Trust Company of New York, as Trustee under the Will of Richard C. Perkins, Deceased, Respondent. Chase Manhattan Bank, as Executor of Florence J. Perkins, Deceased, et al., Appellants; Hospital Management Committee, Bradford "a" Group, et al., Respondents. (Consolidated Appeals.)

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

Howard B. Harte, Thomas J. Coyle and Griffith J. Scott for Chase Manhattan Bank, appellant.

Frederick T. Shea and J. Quincy Hunsicker, III, for Society of the New York Hospital, appellant.

Hyman Grill, Albert J. Hiers, Henry A. Panoff and Fred B. Grill for Samuel Pearsall, appellant.

John F. Lane and Edwin Longcope for Hospital Management Committee, Bradford "A" Group, and others, respondents.

Louis J. Lefkowitz, Attorney-General (Edward Siegfried, James O. Moore, Jr., and Daniel M. Cohen of counsel), respondent, in his statutory capacity under section 12 of the Personal Property Law and section 113 of the Real Property Law.

DESMOND, DYE, FULD, FROESSEL and BURKE, JJ., concur with CONWAY, Ch. J.; VAN VOORHIS, J., dissents for reasons stated in the dissenting opinion in Matter of Ablett (, 279).

CONWAY, Ch. J.

This is a proceeding brought by the trustees under the will of Richard Charles Perkins, deceased, to construe his will in order to determine to whom two shares of the principal of a trust fund created by the testator, each in the amount of $100,000 should be paid, which under paragraph THIRD of the will the trustees were directed to pay to the General Infirmary at Leeds in Yorkshire, England, and...

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