MATTER OF DUNCAN


29 Misc.2d 458 (1961)

In the Matter of The Estate of John P. Duncan, Deceased.

Surrogate's Court, New York County.

May 22, 1961


Attorney(s) appearing for the Case

Barr, Robbins & Palmer (J. Culbert Palmer of counsel), for Hanover Bank, as trustee, petitioner. Winthrop, Stimson, Putnam & Roberts (Lawrence A Baker, Philip G. Hull and Carroll S. Bayne, Jr., of counsel), for Kathryn D. O'Neill and others, respondents. Sincerbeaux & Shrewsbury (Alfred W. Bergren of counsel), for Duncan Dunscombe and others, respondents. Praeger & Sacher for Hyman Breitman and others, respondents. Bokat & Bokat for William Goldberg and others, respondents. Abraham Rotwein, as special guardian for Michael A. Slote, an infant, respondent. Lewis, Durante & Bartel for Allen Kandall and another, respondents. Eisman, Lee, Corn, Sheftel & Bloch (J. B. Sheftel and Victor Levin of counsel), for Ernest M. Pomerantz and others, respondents. Julius Zizmor for Irving J. Lipman, as executor of Harry Lipman, deceased, respondent. Edwin M. Slote for Frank H. Wolf and others, respondents.


JOSEPH A. COX, S.

In its prior decision in this proceeding (28 Misc.2d 730), the court held that the power of appointment conferred upon her under the will of the testator was lawfully exercised by the donee in her appointment of one third of the principal to her son and the balance to more remote descendants. A group of individuals to whom the son had assigned successive...

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