MATTER OF BISHOP


3 N.Y.2d 294 (1957)

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.

Court of Appeals of the State of New York.

Decided July 3, 1957.


Attorney(s) appearing for the Case

Robert H. Mulreany for appellants.

Henry N. Ess, III, and Lorene Joergensen for West Fife Hospitals Board of Management, respondent.

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 Margaret Donald Bishop, deceased, for a judicial settlement of their final account and for a construction of the will of the deceased in order to determine to whom they should pay the share of the residuary estate which, by the terms of paragraph (c) of article SIXTH of the will, they were directed...

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