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MATTER OF ROTHKO

98 Misc.2d 718 (1979)

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

Surrogate's Court, New York County.

February 20, 1979

Attorney(s) appearing for the Case

Breed, Abbott & Morgan (Edward J. Ross and James R. Peterson of counsel) and Patterson, Belknap, Webb & Tyler (Christopher C. Angell of counsel), for Kate Rothko Prizel, as administratrix c.t.a. Hall, Dickler, Lawker, Kent & Howley (Gerald Dickler and Paul Sarno of counsel), for Barbara Northrup, Law Guardian. Cleary, Gottlieb, Steen & Hamilton (George E. De Sipio of counsel), for Mark Rothko Foundation. Butler, Jablow & Geller (Stanley Geller of counsel), for Herbert Ferber, as executor of Mary Alice Rothko. Robert Abrams, Attorney-General (Gustave Harrow of counsel), for ultimate charitable beneficiaries.

MILLARD L. MIDONICK, S.

This is an application by Kate Rothko Prizel, as administratrix, c.t.a., of the estate of Mark Rothko, deceased, for instructions as to the percentage of the estate to be distributed to the Mark Rothko Foundation, Inc., as charitable beneficiary, pursuant to EPTL 5-3.3. The petitioner seeks a construction of EPTL 5-3.3 and instructions as to how to compute whatever such percentage...

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