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MATTER OF SMITHERS

195 Misc.2d 510 (2003)

760 N.Y.S.2d 304

In the Matter of the Estate of R. BRINKLEY SMITHERS, Also Known as ROBERT BRINKLEY SMITHERS, Deceased.

Surrogate's Court, Nassau County.

April 1, 2003.

Attorney(s) appearing for the Case

Holland & Knight, LLP, New York City (Daniel L. Kurtz of counsel), for petitioner.

Morris & McVeigh, LLP, New York City (Edward A. Reilly of counsel), for trust.

Eliot Spitzer, Attorney General, New York City, for ultimate charitable beneficiaries.

Shearman & Sterling, New York City (Donald A. Goldsmith of counsel), for executor.

Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn, LLP, Mineola (Anthony B. Barton of counsel), for foundation.

OPINION OF THE COURT

JOHN B. RIORDAN, S.

This year marks the 75th anniversary of Judge Cardozo's seminal decision in Meinhard v Salmon (249 N.Y. 458 [1928]). The event is brought to mind because landmark decisions are rare in the trusts and estates field. The common law of this area of the law is a well settled one. It is a field where names like Cardozo and Sobel are still revered and where cases...

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