MATTER OF GOULD


28 Misc.2d 1067 (1961)

In the Matter of The Estate of Jay Gould, Deceased.

Surrogate's Court, New York County.

February 8, 1961


Attorney(s) appearing for the Case

Milbank, Tweed, Hope & Hadley (Alexander D. Forger and John W. Mazzola of counsel), for Chase Manhattan Bank, as trustee, petitioner. Perkins, Daniels, McCormack & Collins (John M. Whelan of counsel), for Anna G. de Talleyrand, respondent. Jackson, Nash, Brophy, Barringer & Brooks (Williamson Pell, Jr., of counsel), for Edwin J. Gould and others, respondents. Walker, Levitus & Beale for Stuyvesant Wainwright, II, and another, respondents. Colton & Pinkham (David J. Colton of counsel), for Anthony J. Drexel, 4th, and others, respondents. J. Arthur Leve for George J. Gould, respondent. Moss, Wels & Marcus (Richard H. Wels and Alan D. Marcus of counsel), for Kingdon Gould, Jr., and others, respondents. Kieffer & Killea (Edward C. Hahn, Jr., of counsel), for Helen S. Happersberg, respondent. Griggs, Baldwin & Baldwin for Olivia S. Burr, respondent. Sullivan & Cromwell (S. Pearce Browning and Lorene Joergensen of counsel), for First National City Trust Company, respondent. Hale, Kay & Grant for Ronda Muschenheim, respondent. Muldoon & Horgan for Jay Gould and another, respondents. Littlefield, Miller & Cleaves (James M. Snee of counsel), for First National Bank of Miami, as guardian of property of Alex Gundry, an infant, respondent. Gillespie & O'Connor (George J. Gillespie, Jr., of counsel), for Helen G. Maret, respondent. Webster, Sheffield, Fleischmann, Hitchcock & Chrystie (B. M. Webster and William Matheson of counsel), for Dorothy G. Burns, respondent. Cadwalader, Wickersham & Taft (Hampden D. Ewing, Jr., of counsel), for John S. Cram, III. Taylor, Wadsworth & Burr (Eugene D. Wadsworth of counsel), for Chase Manhattan Bank and another, as executors of Howard Gould, deceased, respondents. Italo H. Ablondi, as special guardian for Anne E. Gould and others, infants, respondent. Joseph T. Higgins, as special guardian for John Price and others, infants, respondent.


JOSEPH A. COX, S.

The trustee is here accounting for a residuary trust created by the testator's will for the benefit of his son Howard Gould. The will granted the income beneficiary a power to appoint the trust remainder to his issue and provided that, in default of appointment, the remainder be paid to such issue. By reason of the beneficiary's death without issue neither of these dispositions could be effectuated...

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