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MATTER OF SCOTT

8 N.Y.2d 419 (1960)

In the Matter of the Accounting of United States Trust Company of New York et al., as Trustees under the Will of George S. Scott, Deceased. St. Thomas Church in the City and County of New York, Appellant; Louis J. Lefkowitz, Attorney-General of the State of New York, for Ultimate Charitable Beneficiaries, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 1, 1960.

Attorney(s) appearing for the Case

Charles H. Tuttle, George A. Wilson and Douglas F. Williamson, Jr., for appellant.

Louis J. Lefkowitz, Attorney-General (P. Hodges Combier, Paxton Blair and Percy E. Schuberth, Jr., of counsel), for Attorney-General of the State of New York, respondent.

Andrew Shiland and Arthur J. Marangelo for United States Trust Company of New York and Alton S. Keeler, respondents.

Judges DYE, FROESSEL and FOSTER concur with Judge VAN VOORHIS; Judge BURKE dissents in an opinion in which Chief Judge DESMOND and Judge FULD concur.

VAN VOORHIS, J.

This appeal by St. Thomas Church in New York City is from an affirmance of a decree of the Surrogate's Court construing the will and codicil of the late George S. Scott and applying the cy pres doctrine thereto. It raises questions whether a bequest to this religious corporation was absolute, and, if not, whether the purposes of the testator as expressed in his testament have been followed or ignored...

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