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MATTER OF ESTATE OF NEUMAN

106 Misc.2d 135 (1980)

In the Matter of The Estate of Harold H. Neuman, Deceased.

Surrogate's Court, New York County.

June 9, 1980

Attorney(s) appearing for the Case

Mervin Rosenman and Simon J. Hauser for petitioners. Frederick Katz for Hebrew Hospital for Chronic Sick, Inc. Christy & Viener for New York Heart Association, Inc. Rose & Schlesinger for United Jewish Appeal of Greater New York, Inc. Zave Kubersky for First Hungarian Congregation Ohab Zebek and another. Robert Abrams, Attorney-General (Anthony S. Urso of counsel), for ultimate charitable beneficiaries. Greenbaum, Wolff & Ernst for Federation of Jewish Philanthropies of New York. Thacher, Proffett & Wood for Empire Savings Bank. Winthrop, Stimson, Putnam & Roberts for St. Luke's — Roosevelt Hospital Center.

MILLARD L. MIDONICK, J.

The most substantial issue raised in this construction proceeding is whether a Totten trust may be revoked without literal compliance with the terms of EPTL 7-5.2 (subd [2]). Article THIRTEENTH, the last article of decedent's will provides:

"In the event that at the time of my death there be in existence any bank accounts in trust for my wife, ANNE E. NEUMAN, or payable to her upon my death, I hereby expressly revoke such...

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