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MATTER OF ROTHKO

43 N.Y.2d 305 (1977)

In the Matter of The Estate of Mark Rothko, Deceased. Kate Rothko et al., Respondents; Bernard J. Reis et al., as Executors of Mark Rothko, Deceased, et al., Appellants-Respondents; Attorney-General of the State of New York, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided November 22, 1977.

Attorney(s) appearing for the Case

Arthur Richenthal for Bernard J. Reis and another, appellants-respondents.

Bernard H. Greene and John A. Silberman for Morton Levine, appellant-respondent.

David W. Peck, John W. Dickey, David M. Olasov, Pamela S. Dwyer and David B. Tulchin for Marlborough Gallery, Inc., and others, appellants-respondents.

Louis J. Lefkowitz, Attorney-General (Gustave Harrow of counsel), for ultimate charitable beneficiaries, respondent-appellant.

Edward J. Ross, James R. Peterson and James J. Sabella for Kate Rothko, respondent.

Judith A. Ripps-Goldstone, George E. DeSipio and Martin I. Gdanski for The Mark Rothko Foundation, Inc., respondent.

Paul Sarno, Gerald Dickler and Jack Schachner for Barbara B. Northrup, as guardian of the person and property of Christopher Rothko, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

COOKE, J.

Mark Rothko, an abstract expressionist painter whose works through the years gained for him an international reputation of greatness, died testate on February 25, 1970. The principal asset of his estate consisted of 798 paintings of tremendous value, and the dispute underlying this appeal involves the conduct of his three executors in their disposition of these works of art. In sum, that conduct as...

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