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MATTER OF BISHOP

206 Misc. 7 (1954)

In the Matter of the Accounting of Philip M. Brett et al., as Trustees under The Will of Margaret D. Bishop, Deceased.

Surrogate's Court, New York County.

March 18, 1954.

Attorney(s) appearing for the Case

Emil V. Pilz for trustees, petitioners.

Charles G. Rodman for West Fife Hospitals Board of Management and another, respondents.

Cadwalader, Wickersham & Taft for St. Mary's Hospital for Children, Inc., respondent.

Root, Ballantine, Harlan, Bushby & Palmer for Memorial Center for Cancer and Allied Diseases, respondent.

De Forest, Elder & Mulreany for Presbyterian Hospital of the City of New York, respondent.

Robert B. Jarvis for Philip M. Brett and another, as executors of Anna E. Donald, deceased, respondents.

Turnbull & Bergh for Elizabeth T. Gardner and another, respondents.

Nathaniel L. Goldstein, Attorney-General (Flavius N. Costerella of counsel), in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law, respondent.

COLLINS, S.

In this proceeding for the settlement of the account of the trustees the validity of a gift to a Scottish hospital is challenged on the one hand by the Attorney-General of the State of New York who argues for the application of the doctrine of cy pres and, on the other, by the residuary legatees of the deceased's sister who maintain that the asserted failure of the bequest results in its intestate passage...

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