MATTER OF ROE


18 Misc.2d 970 (1959)

In the Matter of The Estate of Mary Roe, Deceased.

Surrogate's Court, New York County.

June 3, 1959.


Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim, & Ballon (Jerome J. Wallner and John A. Killoran, Jr., of counsel), for Reginald S. Wareham and another, as executors and trustees, petitioners.

Brower & Spector (Edward Spector of counsel), for Edward Spector and another, as executors of Jack Schattman, deceased, respondents and petitioners in application to pay legacy.

Brower, Brill & Gangel for Ruskin Research Foundation, Inc., respondent.

Pelletreau & Pelletreau (John J. Hart, Jr., of counsel), for John T. Mather Memorial Hospital of Port Jefferson, New York, Inc., respondent.

John F. White, Jr., for Brookhaven Memorial Hospital, respondent.

Hurley, Kearney & Lane for St. Charles Hospital, respondent.

Choate, Ronalds, Reynolds & Hollister for Society of St. Johnland, respondent.

Charles M. Siegfried for Jacob Dranitzke, respondent.

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

Kopald & Haft (Myron I. Mandel of counsel), for Nixola M. Clark, respondent.

Perkins, Daniels, McCormack & Collins for Dorothy White, respondent.

O'Malley & Boyle for Ivah Miller, respondent.

Edward S. Blackstone for Alexander J. Lindsay, respondent.

Davis Polk Wardwell Sunderland & Kiendl for Seeing Eye, Inc., respondent.

Richard Udell for Phyllis A. Borten, respondent.

Hays, Sklar & Herzberg for Nancy Gilmartin and another, as executors of Archibald R. Watson, deceased, respondents.

Reynolds, Richards, Ely & La Venture for New York Women's League for Animals, respondent.

Halperin, Natanson, Shivitz, Scholer & Steingut for Black and White Committee of the Godmothers League, Inc., respondent.


JOSEPH A. COX, S.

The testatrix created a trust for the benefit of her husband in a principal amount equivalent to his intestate share with the trust remainder payable to a designated charity. The surviving husband renounced his interest in the estate within a reasonable time after the testatrix' death. This was the husband's privilege and the renunciation was effective (Albany Hosp. v. Albany Guardian Soc...

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