BENJAMIN v. MORGAN GUAR. CO.


154 Misc.2d 125 (1992)

Henry R. Benjamin, Jr., Individually and as Trustee of The Estate of Henry R. Benjamin, Deceased, et al., Plaintiffs, v. Morgan Guaranty Trust Company of New York et al., Defendants. Southampton Hospital Association et al., Intervenors-Defendants.

Surrogate's Court, Suffolk County.

March 13, 1992


Attorney(s) appearing for the Case

Winthrop, Stimson, Putnam & Roberts and Bourke, Flanagan & Asato for Southampton Hospital Association, intervenor-defendant. Paul, Weiss, Rifkind, Wharton & Garrison for Memorial Hospital for Cancer and Allied Diseases, intervenor-defendant. Lane & Mittendorf for plaintiffs. Cahill, Gordon & Reindel for defendants.


ERNEST L. SIGNORELLI, S.

In this contested action to, inter alia, invalidate the exercise of a power of appointment, a motion has been made by one of the intervenors for summary judgment dismissing the said action. The plaintiffs oppose the instant motion.

Decedent died on February 22, 1967 leaving a will that was admitted to probate on March 13, 1967. Pursuant to the provisions of article Thirteenth...

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