In the Matter of the Final Accounting of The Chase Manhattan Bank, as Successor Trustee of the Trust Created for Muriel McC. Hubbard under a Deed of Trust Made by John D. Rockefeller and Equitable Trust Company of New York
Lincoln Center for the Performing Arts, Inc., et al., Appellants; Leon Leighton, as Guardian ad Litem for John R. McC. Hubbard and Others, Respondents
Leon Leighton, as Guardian ad Litem for John R. McC. Hubbard and Others, Appellant; Lincoln Center for the Performing Arts, Inc., et al., Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 12, 1961.
December 12, 1961.
Attorney(s) appearing for the Case
Ralph M. Carson of counsel (S. Hazard Gillespie, John C. Hover, J. Dormer Cannon, James A. Thomas, Jr., and Samuel N. Allen with him on the brief; Davis Polk Wardwell Sunderland & Kiendl, attorneys), for Lincoln Center for the Performing Arts, Inc., appellant and respondent.
Hancock Griffin, Jr., of counsel (Kelley Drye Newhall & Maginnes, attorneys), for Juilliard School of Music, appellant and respondent.
John S. Chapman, Jr., of counsel (John F. Woods with him on the brief; Duer & Taylor, attorneys), for Bennett College, appellant and respondent.
Julius Greenfield of counsel (Paxton Blair with him on the brief; Louis J. Lefkowitz, Attorney-General), for ultimate and indefinite charitable beneficiaries, appellant and respondent.
William Eldred Jackson of counsel (Thomas B. Moorhead with him on the brief; Milbank, Tweed, Hope & Hadley, attorneys), for Chase Manhattan Bank, respondent.
David W. Peck of counsel (Sullivan & Cromwell, attorneys), for Catherine M. Dwyer and others, respondents.
Leon Leighton, guardian ad litem of John R. McC. Hubbard and others, infants, respondent and appellant.
Debevoise, Plimpton & McLean for Charles McC. Hardin and another, respondents.
BREITEL, J. P., McNALLY and STEVENS, JJ., concur with STEUER, J.; EAGER, J., dissents in part in opinion.
Appellate Division of the Supreme Court of the State of New York, First Department.
STEUER, J.
The proceeding is the final accounting of the successor trustee of an inter vivos trust created by John D. Rockefeller as settlor in 1917. The trust has fallen in with the death of Muriel McCormick Hubbard, the final life beneficiary. The issue upon the accounting is the disposition of the corpus of the trust, the question being whether the same shall pass to certain infants who claim to be...
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