MATTER OF FITZGERALD


72 Misc.2d 472 (1972)

In the Matter of The Estate of Bertha W. Fitzgerald, Deceased.

Surrogate's Court, New York County.

December 21, 1972


Attorney(s) appearing for the Case

Dorothy J. Coyle for Catholic Charities of the Archdiocese of New York. Albert I. DaSilva for George S. Baskind and another, petitioners. Louis J. Lefkowitz, Attorney-General (Laura Werner of counsel), for ultimate charitable beneficiaries. Dewey, Ballantine, Bushby, Palmer & Wood for National Society for Prevention of Blindness, Inc. Hall, McNichol, Marett & Hamilton for Fresh Air Fund. Mudge, Rose, Guthrie & Alexander (Dana W. Hiscock and John J. Witmeyer, III, of counsel), for First National City Bank, as committee of the property of Paul S. Ames, Jr. Sullivan, Donovan, Hanrahan, McGovern & Lane for Society for the Prevention of Cruelty to Children. Cusack & Stiles (Lawrence X. Cusack and Joseph E. Moukad of counsel), for Archbishopric of New York and another. Weil, Gotshal & Manges for Salvation Army, respondent. Christy, Frey & Christy for Heart Fund. De Forest & Duer (James J. Daly and Robert L. Duncan, Jr., of counsel), for Columbia Presbyterian Medical Center Fund Inc. Donovan, Leisure, Newton & Irvine for American Cancer Society, Inc. David Hayter and H. Mefford Runyon for New York Hospital-Cornell Medical Center.


S. SAMUEL DI FALCO, S.

This is a motion for summary judgment in an accounting proceeding. The estate is valued at more than $2,000,000. The testatrix died in 1970. Under her will bequests of $50,000 were left to each of nine charities. The entire residuary estate is bequeathed to the Archbishopric of New York. Article Tenth of the will calls for alternative disposition of the residuary in the event of a contest...

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