MATTER OF BOWNE


11 Misc.2d 597 (1958)

In the Matter of The Estate of Nettie Bowne, Deceased.

Surrogate's Court, New York County.

April 3, 1958.


Attorney(s) appearing for the Case

John D. Beals, Jr., for Robert Bowne Coburn and another, as trustees, petitioners.

Alfred P. Hamel for Drew University, respondent.

Arthur J. O'Leary and Henry A. Thellusson for Robert Coburn, individually, respondent.

John B. Van De Water for Samuel and Nettie Bowne Hospital, respondent.

John J. McLean and George M. Hasen for Donald M. Beals and others, respondents.

Paul Rutheiser, special guardian for Lisa W. Coburn and another, infants, respondent.

Louis J. Lefkowitz, Attorney-General (Tony Berman of counsel), in his statutory capacity under section 12 of the Personal Property Law, for respondents.


JOSEPH A. COX, S.

This is a proceeding brought by the surviving testamentary trustee to determine the validity, construction and effect of the disposition of income and principal of the trust created by paragraph FOURTH of the first codicil of the will of Nettie Bowne. The proceeding became necessary because the beneficiary of said trust, the Samuel and Nettie Bowne Hospital has ceased to function and operate...

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