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MATTER OF ROTHKO

73 Misc.2d 548 (1973)

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

Surrogate's Court, New York County.

March 23, 1973

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Irwin M. Strum of counsel), for ultimate charitable beneficiaries. Eaton, Van Winkle & Greenspoon (Samuel N. Greenspoon of counsel), for the Mark Rothko Foundation, Inc. Richenthal, Abrams & Moss for Bernard J. Reis and another, as executors. Hall, Dickler & Howley for Barbara B. Northrup, as guardian of Christopher Rothko. Breed, Abbott & Morgan for Kate Rothko, petitioner. Paul, Weiss, Rifkind, Wharton & Garrison for Morton Levine, as executor. Rosenman, Colin, Kaye, Petschek, Freund & Emil for Marlborough Gallery, Inc. Graubard, Moskovitz, McGoldrick, Dannett & Horowitz for Marlborough A. G.

MILLARD L. MIDONICK, S.

In this proceeding, instituted by children of the testator to invalidate contracts disposing of paintings, which constitute estate assets, and to revoke letters testamentary, the Attorney-General appeared pursuant to EPTL article 8, as the representative of ultimate beneficiaries of a residuary charitable trust. The Attorney-General served an answer and cross petition which requested...

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