MATTER OF YOUNG


81 Misc.2d 920 (1975)

In the Matter of The Estate of Agnes B. Young, Also Known as Agatha Young, Deceased.

Surrogate's Court, New York County.

May 1, 1975


Attorney(s) appearing for the Case

Wormsery, Kiely, Alessandroni & McCann (Richard G. Hewitt and David P. Callahan of counsel), for Ralph Schulz and another, as executors. Louis J. Lefkowitz, Attorney-General (Gustave J. Soderberg, Jr., of counsel), for ultimate charitable beneficiaries. Selig Levitan for Simon & Schuster, respondent. Peter Hoe Burling for Mt. Ascutney Hospital and Health Center, operated by Windsor Hospital Corporation, residuary legatee.


MILLARD L. MIDONICK, S.

This proceeding is brought by petitioning executors under the will of the decedent author, to recover from Simon & Schuster as publishers, certain royalties, earned by the sale of the decedent's books, in the amount of some $58,000 as at the inception of the suit. The respondent's motion to dismiss on the ground of lack of jurisdiction in the Surrogate's Court over the subject matter...

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