MATTER OF BARBIERI


8 Misc.2d 753 (1957)

In the Matter of the Construction of the Will of Cesare Barbieri, Deceased.

Surrogate's Court, New York County.

October 31, 1957.


Attorney(s) appearing for the Case

Morgan, Lockwood & L'Heurex for Bankers Trust Company and others, executors, petitioners.

Lawrence A. Baker and John B. Jessup for American Can Co., respondent.

Henry J. Kennedy and Martin Fogelman for Trustees of Columbia University in the City of New York, respondent.

Gifford, Woody, Carter & Hays for Anita de Paulis, respondent.

Louis J. Lefkowitz, Attorney-General (P. Hodges Combier of counsel), for indefinite and uncertain charitable beneficiaries, respondent.


S. SAMUEL DI FALCO, S.

In this proceeding for construction of the will the court is asked to determine the nature and effect of a bequest which the testator described in the following terms: "I give and bequeath all of my remaining right, title and interest in the said contracts to the DIXIE CUP COMPANY, to be used for the establishment and maintenance of a pension fund for its employees, on the condition that...

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