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MATTER OF HAYDEN

199 Misc. 721 (1950)

In the Matter of the Construction of The Will of Charles Hayden, Deceased.

Surrogate's Court, New York County.

October 3, 1950.

Attorney(s) appearing for the Case

William M. Parke, George W. Whiteside, Charles Pickett, Jule E. Stocker and Francis E. Koch for Charles Hayden Foundation, individually and as a limited partner in the copartnership of Hayden, Stone & Co., and others, for motion.

Nathaniel L. Goldstein, Attorney-General (Corning G. McKennee of counsel), in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law, for motion.

John W. Davis, Walter D. Fletcher, Robert Gerstenlauer and John N. Irwin II, for Sarah Abrams and others, petitioners, opposed.

William Fitz Gibbon and Mark P. Stumpf for Herbert G. Bell and others, individually and as copartners of Hayden, Stone & Co., and another, opposed.

COLLINS, S.

One hundred thirty-one employees of decedent and one retired employee have instituted a proceeding for the construction of his will and a determination that his personal representatives and the trustees of Charles Hayden Foundation have the power and authority, and are under a duty, to create a pension fund for the benefit of veteran employees of Hayden, Stone & Co. The personal representatives...

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