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MATTER OF GERARD

84 Misc.2d 213 (1975)

In the Matter of The Estate of Jacques A. Gerard, Deceased.

Surrogate's Court, New York County.

November 18, 1975

Attorney(s) appearing for the Case

Frey & Christy (Robert S. Appel, John H. Frey and John Purcell of counsel), for executors, petitioners. Abbott & Morgan for Arthritis Foundation and others, respondents. Webster, Sheffield, Fleischman, Hitchcock & Brookfield (J. Dinsmore Adams, Jr., James F. Downey and Robert A. Kandel of counsel), for New York Heart Association, Inc., and another, respondents. Dewey, Ballantine, Bushby, Palmer & Wood (Mark Rapaport, William B. Warren and Charles A. Severs, III, of counsel), for Sloan-Kettering Cancer Research Institute. Donovan, Leisure, Newton & Irvine for American Cancer Society, respondent. Mudge, Rose, Guthrie & Alexander (William J. Kramer of counsel), for Olga K. Gerard, respondent. Louis J. Lefkowitz, Attorney-General (Gustav J. Soderberg of counsel), for ultimate charitable beneficiaries.

S. SAMUEL DI FALCO, S.

The executors have brought this proceeding in order to determine the validity and effect of the election of Olga K. Gerard, the alleged widow of the decedent. The testator died on June 3, 1973 leaving a will dated January 11, 1973. His testamentary plan is expressed in his will and in an inter vivos trust created on May 24, 1968.

Effective on Mr. Gerard's death, the trust...

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