MATTER OF STERN


48 Misc.2d 178 (1965)

In the Matter of The Estate of Leo C. Stern, Deceased.

Surrogate's Court, New York County.

October 28, 1965


Attorney(s) appearing for the Case

McLaughlin & Stern for executors. Benjamin, Galton, Robbins & Flato for Mount Sinai Hospital, respondent. Wolf, Haldenstein, Adler, Freeman & Herz (Theodore W. Adler and Charles H. Baller of counsel), for Jewish Home & Hospital for the Aged, respondent. Stroock & Stroock & Lavan for Montefiore Hospital & Medical Center, respondent. Donovan, Leisure, Newton & Irvine (Stephen A. Hopkins of counsel), for American Cancer Society, Inc., respondent. Greenman, Zimet & Haines for Edna S. Chamkis and another, respondents. Brown, Cross & Hamilton (E. Douglas Hamilton and Donald G. McCabe of counsel), for Herald Tribune Fresh Air Fund, respondent. Curtis, Mallet-Prevost, Colt & Mosle for Lenox Hill Hospital, respondent. Frankenthaler & Kohn (George Frankenthaler, Henry Kohn and Martin J. Hermann of counsel), for Leo V. McLaughlin and others. Lord, Day & Lord (William H. West of counsel), for New York Times Neediest Cases Fund, respondent. Bleakley, Platt, Schmidt, Hart & Fritz for Kensico Cemetery, respondent. Carter, Ledyard & Milburn (Richard B. Covey of counsel), for New York Society for the Ruptured and Crippled, respondent. B. F. Lerch for Felix Flateau Memorial Relief Fund, Inc., respondent. Amend & Amend for Franciscan Sisters of the Poor, respondent. Weil, Gotshal & Manges (John M. Lewis and Daniel Sugrue of counsel), for Salvation Army, respondent.


JOSEPH A. COX, S.

This proceeding for the construction of the testator's will is occasioned by the fact that the testator left an estate substantially larger than he contemplated. The question is whether his elaborately drawn will disposes of his estate.

The will is divided into 29 articles which the testator refers to as paragraphs. The residuary estate is...

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