MATTER OF ASTOR


21 Misc.3d 400 (2008)

863 N.Y.S.2d 568

In the Matter of the Estate of BROOKE RUSSELL ASTOR, Deceased. (And Two Other Proceedings.)

Surrogate's Court, Westchester County.

September 5, 2008.


Attorney(s) appearing for the Case

Warner Partners, P.C., New York City, for Anthony D. Marshall.

Paul Weiss Rifkind Wharton & Garrison LLP, New York City, for JPMorgan Chase Bank, N.A. Whiteman Osterman & Hanna LLP, Albany, for Howard Levine.

Cravath Swaine & Moore LLP, New York City, for Annette de la Renta.

Patterson Belknap Webb & Tyler LLP, New York City, for Pierpont Morgan Library and others.

Debevoise & Plimpton LLP, New York City, for New York Public Library.

Casper & Fischer, LLP, Mt.

Kisco (Allison Fischer of counsel), guardian ad litem.

Farrell Fritz, P.C., Uniondale, for Metropolitan Museum of Art.

Andrew M. Cuomo, Attorney General, New York City, for ultimate charitable beneficiaries.

Miller Canfield Paddock & Stone, PLLC, New York City, for Philip Marshall.

New York University, Office of Legal Counsel, New York City, for New York University.

Marianne T. O'Toole, LLC, Katonah, for Trinity Episcopal Church.

Skadden Arps Slate Meagher & Flom LLP, New York City, for Carnegie Hall.

Robert M. Morgenthau, District Attorney, New York City.


OPINION OF THE COURT

ANTHONY A. SCARPINO, JR., S.

In these three probate proceedings in the estate of Brooke Russell Astor, (1) Anthony D. Marshall moves for an order protecting him from the production of documents; (2) the New York Public Library and the Metropolitan Museum of Art, two charitable beneficiaries under the decedent's wills, oppose the motion; (3) Robert Morgenthau, the District Attorney of New York...

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