MATTER OF HELLER


29 Misc.2d 45 (1961)

In the Matter of The Estate of Martin J. Heller, Deceased.

Surrogate's Court, New York County.

April 12, 1961


Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett (John L. Casey, Horace McAfee and John J. McDermott of counsel), for Walter E. Seibert and others, as temporary administrators and executors, petitioners. Edith L. Fisch and Hyman Fisch for Stanley Mosk, Attorney-General of the State of California, respondent. Bigham, Englar, Jones & Houston (William H. Pratt of counsel), for City and County of San Francisco, on behalf of the Lugana Honda Homes, respondent. Samuel J. Loewenstein for Hebrew Home for Aged Disabled, respondent. Havens, Wandless, Stitt & Tighe (Robert L. Tofel of counsel), for San Francisco Ladies Protection and Relief Society, respondent. John P. Sparrow for Regents of the University of California, respondent. Louis J. Lefkowitz, Attorney-General (Julius Greenfield of counsel), for ultimate and indefinite charitable beneficiaries, respondents. John J. O'Connor for United States Fidelity & Guaranty Company, respondent.


JOSEPH A. COX, S.

The testator intended that his residuary estate be used for charitable purposes and, to accomplish this result, he bequeathed 50% of the residuary estate to the University of California, 10% to the "Old Peoples Home of San Francisco", 10% to the "Home for Aged Jewish People located in San Francisco", 10% to "any Home or Charitable Institution for Aged Colored People in or near San Francisco...

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