MATTER OF HACKETT


37 Misc.2d 1029 (1962)

In the Matter of The Estate of James K. Hackett, Deceased.

Surrogate's Court, New York County.

April 19, 1962


Attorney(s) appearing for the Case

Patterson, Belknap & Webb (Windsor B. Putnam and Herbert H. Chaice of counsel), for Chemical Bank New York Trust Co., as executor and trustee, petitioner. Clark, Gagliardi, Gallagher & Smyth (James K. Page and Harold E. Newcomb, Jr., of counsel), for Elsie H. Feducha, respondent. Jacob I. Goodstein and Benjamin William Mehlman for Actors' Fund of America, respondent. Jacob Shientag, as special guardian for Mia L. Hunter and others, infants, respondent. Haughwout & Matthews for Gertrude Kruck, as administratrix of estate of Beatrice M. Hackett, deceased, and another, respondents. Simpson, Thacher & Bartlett (Robert E. Hendrickson of counsel), for Royal Shakespeare Theatre, Stratford-Upon-Avon, England, respondent. Cooper, Ostrin & De Varco for Actors Equity Association, respondent. Louis J. Lefkowitz, Attorney-General, for ultimate charitable beneficiaries, respondent. Leo A. Larkin, Corporation Counsel, for Board of Education and the Board of Higher Education of the City of New York, respondent.


S. SAMUEL DI FALCO, S.

The provisions of the will in this construction proceeding having been set forth at length in Surrogate O'BRIEN'S decision in this matter (130 Misc. 339) repetition is unnecessary herein.

The death in 1959 of the widow, life beneficiary of testamentary trusts established by this will, construed in part in 1927 by one of this court's predecessors, now raises additional questions...

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