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MATTER OF TOEPLITZ

84 Misc.2d 607 (1975)

In the Matter of The Estate of George Toeplitz, Deceased.

Surrogate's Court, New York County.

December 11, 1975

Attorney(s) appearing for the Case

Albertson, Simmons & Butler (J. Lester Albertson of counsel), for successor trustees, petitioners. Baer & McGoldrick (Thomas H. Baer of counsel), for Alfred E. Merhige, objectant. Louis J. Lefkowitz, Attorney-General (Irwin M. Strum and Robert Molic of counsel), for ultimate charitable beneficiaries. Kaye, Scholer, Fierman, Hays & Handler (Donen Gleick of counsel), for Federation of Jewish Philanthropies of New York. Rose & Schlesinger (Sanford J. Schlesinger and Lewis Novod of counsel), for United Jewish Appeal of Greater New York. Greenbaum, Wolff & Ernst (Ira M. Fundy of counsel), for Henry Street Settlement. De Forest & Duer (James T. Buckley, Jr., Harmin Hawkins and John L. Moncrief, Jr., of counsel), for Community Service Society of New York. William C. Porth and Robert Yaeger for New York University.

S. SAMUEL DI FALCO, S.

In this application for the judicial settlement of the trustees' account, the court is asked to identify the remainder beneficiaries of the trust. Article TWELFTH of the testator's will creates several trusts from the residuary estate. In relevant part article TWELFTH reads as follows: "II. I give, devise and bequeath three (3) of such equal parts to my Trustees hereinafter named, IN TRUST...

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