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MATTER OF SCOTT

19 Misc.2d 18 (1959)

In the Matter of The Estate of George S. Scott, Deceased.

Surrogate's Court, New York County.

June 22, 1959.

Attorney(s) appearing for the Case

Spalding, Shiland & Marangelo (Andrew Shiland and Arthur J. Marangelo of counsel), for United States Trust Company, as sole surviving trustee, and another, petitioners.

Breed, Abbott & Morgan (Charles H. Tuttle, George A. Wilson and Douglas P. Williamson, Jr., of counsel), for St. Thomas' Church, respondent.

Willkie, Farr, Gallagher, Walton & Fitz Gibbon for New York Protestant Episcopal City Mission Society, respondent.

Lord, Day & Lord for Kips Bay Boys' Club, respondent.

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

Schmidt & McCormick for New York Association for the Blind, respondent.

Louis J. Lefkowitz, Attorney-General (P. Hodges Combier and Percy E. Schubert, Jr., of counsel), for ultimate charitable beneficiaries, respondent.

Webster, Sheffield & Chrystie for Children's Aid Society of New York City, respondent.

JOSEPH A. COX, S.

The testator, while a resident of New York, executed a will in 1904 and a codicil thereto in 1911. He died a resident of Rhode Island in 1912 and the aforesaid instruments were admitted to probate as his will in that State. A New York banking corporation became successor trustee under the will in 1918 by appointment of the then surviving trustees. An accounting was had in Rhode Island in 1948...

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