MATTER OF KNOWLES


38 Misc.2d 975 (1963)

In the Matter of The Estate of Percy H. Knowles, Deceased.

Surrogate's Court, Nassau County.

April 15, 1963


Attorney(s) appearing for the Case

Sullivan Scholly & Thorp and S. Paul Fishman for Alan H. Knowles and another, petitioners. Raphael & Dorman for S. Paul Fishman, attorney-creditor. Louis J. Lefkowitz, Attorney-General (Kenneth D. Shearer of counsel), for indefinite charitable beneficiaries. Pressinger Wigg & Goodstein for Chapin Home for the Aging, respondent. Cullen & Dykman for Church Charity Foundation of Brooklyn, respondent. Luria Edelman & Berger for Damon Runyon Memorial Fund for Cancer Research, Inc., respondent.


JOHN D. BENNETT, S.

In this accounting proceeding the court is required to determine whether the gifts to charity exceed one half of the gross estate, less debts, in violation of section 17 of the Decedent Estate Law. The charities are the sole remaindermen of the residuary trust.

In a prior proceeding for the same relief, the court held that the formula adopted in Matter of Mayers (189 Misc. 700, affd. 274 App. Div. 918, affd. 299 N.Y...

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