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MATTER OF ANNESLEY

108 Misc.2d 53 (1980)

In the Matter of The Estate of Josephine Countess Annesley, Deceased.

Surrogate's Court, New York County.

December 30, 1980

Attorney(s) appearing for the Case

M. Carl Levine, Morgulas & Foreman (David Morgulas of counsel), for Abraham Kleinberg and others. Robert Abrams, Attorney-General (Allan E. Kirstein of counsel), for ultimate charitable beneficiaries. Delson & Gordon (Robert P. Wittes and Burton G. Lipsky of counsel), for petitioner. Christy & Viener (Richard M. Estes of counsel), for Paula Weiss. Rose & Schlesinger for United Jewish Appeal of Greater New York, Inc. N. Holmes Clare for Erik Blythe. Dewey, Ballentine, Bushby, Palmer & Wood (Mark S. Rapaport of counsel), for Memorial Sloan Kettering Cancer Center. Greenbaum, Wolff & Ernst (Gail Kelner of counsel), for Federation of Jewish Philanthropies of New York. Cline, Hallissey & Hausman (John J. Hallissey of counsel), for Leukemia Society of America, Inc.

MARIE M. LAMBERT, S.

In the within proceeding, petitioner, an executor and trustee, seeks to conform and amend the decedent's will so that a charitable remainder trust established under article ninth of said will can qualify for an estate tax charitable deduction. Testatrix died June 27, 1977 leaving her will dated July 12, 1974 which was admitted to probate in this court on August 16, 1977. Pursuant to article ninth, she created a charitable remainder...

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