MATTER OF ROTHKO


71 Misc.2d 74 (1972)

In the Matter of The Estate of Mark Rothko, Deceased.

Surrogate's Court, New York County.

August 31, 1972


Attorney(s) appearing for the Case

Richenthal, Abrams & Moss for Morton Levine and others, coexecutors, petitioners. Butler, Jablow & Geller for Kate Rothko, respondent. Hall, Dickler & Howley for Barbara B. Northrup, guardian of Christopher Rothko, respondent. Louis J. Lefkowitz, Attorney-General (Gustave Harrow of counsel), for ultimate charitable beneficiaries. Eaton, Van Winkle & Greenspoon for Mark Rothko Foundation, Inc.


MILLARD L. MIDONICK, S.

The testator died on February 25, 1970, survived by his widow and two infant children. Following the probate of the testator's will the mother of the children, as their guardian, served and recorded notices of election, pursuant to EPTL 5-3.3, contesting the charitable disposition in the will upon the ground that the amount of such charitable gift exceeded the limitation imposed by the cited statute. The widow died on August 26...

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