MATTER OF WHITE


20 N.Y.2d 791 (1967)

In the Matter of The Estate of Ernest I. White, Deceased. John H. Hughes, as Special Guardian for Peter H. Sims and Others, Infants, Appellant; Jane S. W. Canfield et al., as Executors of Ernest I. White, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided September 28, 1967.


Attorney(s) appearing for the Case

John Lawton and John H. Hughes, in person, for John H. Hughes, special guardian for Peter H. Sims and others, infants, appellant.

Charles H. Thompson for Jane S. W. Canfield and others, executors-respondents.

Ralph A. Jones and Neal R. Stamp for Cornell University, respondent.

Chief Judge FULD and Judges VAN VOORHIS, SCILEPPI, BERGAN, KEATING and BREITEL concur; Judge BURKE dissents and votes to affirm upon the opinion at the Surrogate's Court.


MEMORANDUM.

The order of the Appellate Division should be reversed insofar as it affirmed the Surrogate's determination that Cornell University was entitled to 10% of the appreciated value of the estate without taking into consideration the diminutive effect of the prior advances made by the executors to Cornell. Cornell University is only entitled to the appreciated value of the estate which is attributable to the undistributed...

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