MATTER OF EIDLITZ


21 Misc.2d 218 (1959)

In the Matter of The Estate of Robert J. Eidlitz, Deceased.

Surrogate's Court, New York County.

August 10, 1959.


Attorney(s) appearing for the Case

William D. Tucker for Bank of New York, as trustee, petitioner.

Alexander & Green for Dorothy M. Eidlitz, as executrix of Ernest F. Eidlitz, deceased, respondent.

Charles C. Austin for Dobbs Ferry Hospital Association, respondent.

Cadwalader, Wickersham & Taft for Community Service Society of New York, respondent.

Sullivan, Donovan, Hanrahan, McGovern & Lane for New York Society for the Prevention of Cruelty to Children, respondent.

Carter, Ledyard & Milburn for New York Society for the Relief of Ruptured and Crippled, respondent.

Hallett, Bardusch & Scheminger for American Numismatic Society, respondent.

De Forest, Elder & Mulreany for Presbyterian Hospital in the City of New York, respondent.

Kelley, Drye, Newhall & Maginnes for Society of the New York Hospital, respondent.

Sullivan & Cromwell for Cornell University, respondent.

Isidor H. Taylor for Louis H. Amy, Jr., and another, as executors and trustees under the will of Charles L. Eidlitz, deceased, respondents.

French, Fink, Markel & Conway for Henry N. French and another, as executors of Percy S. Vermilyea, deceased, respondents.

Winthrop, Stimson, Putnam & Roberts for Roosevelt Hospital, respondents.

Frank J. Melioris for William D. Tucker and another, as executors of Sadie B. Eidlitz, deceased, respondents.

Louis J. Lefkowitz, Attorney-General (Julius Greenfield of counsel), for indefinite and uncertain charities, respondent.


S. SAMUEL DI FALCO, S.

This is a proceeding for the settlement of the final account of the surviving trustee of the residuary trust. At issue is the allocation, as between a group of charities and three individuals who share the remainder in varying proportions, of the capital gains tax incurred and paid by the trustee upon the increase in the value of securities disposed of at sales which took place both prior...

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