Bloch's Estate, In re

• Decision Date: 02 August 1961
• Citation: 220 N.Y.S.2d 455,30 Misc.2d 959
• Parties: In re ESTATE of Arthur BLOCH. Surrogate's Court, New York County
• Court: New York Surrogate Court

Page 455

220 N.Y.S.2d 455

30 Misc.2d 959

In re ESTATE of Arthur BLOCH.

Surrogate's Court, New York County.

Aug. 2, 1961.

Weiss & Rich, New York City, for Morgan Guaranty Trust Co. of New York, trustee, petitioner.

Mudge Stern, Baldwin & Todd, New York City, for Seton Hospital Corp., Sisters of Charity of St. Vincent de Paul, and St. Joseph's Hospital, Yonkers, respondents.

Soons & Soons, New York City, for Frances C. Bloch and William A. Bloch, surviving executors of last will and testament of Mervin S. C . Bloch, deceased, respondents.

Louis J. Lefkowitz, Atty. Gen. (Tony Berman, Asst. Atty. Gen., of counsel), for ultimate charitable beneficiaries, respondents.

Leo A. Larkin, Corp. Counsel, New York City, for Commissioner of Hospitals, respondent.

Gordon, Brady, Caffrey & Keller, New York City, for Congregation Emanu-El of City of New York, respondent.

Stroock, Stroock & Lavan, New York City, for Montefiore Hospital for Chronic Diseases, respondent.

Wolf, Haldenstein, Adler & Freeman, New York City, for Home for Aged and Infirm Hebrews of New York, respondent.

Kreutzer, Heller & Selman, New York City, for Seymour B. Liebman, administrator c. t. a. of estate of Linda B. LeVine, respondent.

Weil, Gotshal & Manges, New York City, for Federation of Jewish Philanthropies of New York, respondent.

Webster, Sheffield, Fleischman, Hitchcock & Chrystie, New York City, for Children's Aid Society, respondent.

Parker, Duryee, Benjamin, Zunino & Malone, New York City, for Visiting Nurse Service of New York, respondent.

Arnold Katz, New York City, for Jewish Child Care of New York, respondent.

McDermott, Turner & Hart, New York City, for trustees of Masonic Hall and Asylum Fund, respondent.

S. SAMUEL DIFALCO, Surrogate.

In this proceeding to settle the trustee's final account, petitioner seeks a construction of the twelfth paragraph of testator's will and instructions respecting perpetual care of the decedent's burial plot and mausoleum and inscription of the name of testator's now deceased daughter upon the mausoleum. His will, dated October 13, 1927, established a trust of his residuary estate for the lives of his wife and daughter. They survived the testator, and both have died without issue surviving. In that event, the trust remainder is bequeathed as follows:

'* * * I give, devise and bequeath my entire residuary estate * * * to the Federation for the Support of Jewish Philanthropic Societies of New York City, upon condition, however, that the same shall be set aside * * * as the 'Arthur Bloch Trust' and be used for the general purposes and objects of the Federation, and upon the further condition that out of my said residuary estate, the Federation shall first pay, and I hereby give and bequeath to each of the following named institutions, the sum of Ten Thousand ($10,000) Dollars, namely: (1) Mount Sinai Hospital, City of New York; (2) Montefiore Hospital for Chronic Diseases; (3) Lebanon Hospital Association, City of New York; (4) Hospital for Deformities and Joint Diseased; (5) Hospital for Consumptive Children, West 236th Street, near Spuyten Duyvil Parkway; (6) Masonic Home and Hospital in Utica, New York; to be used by each of said hospitals for the purpose of endowing perpetual beds in the name of 'Arthur and Florence Bloch', and to the (7) Home for Aged and Infirm Hebrews of New York; (8) New York Guild for the Jewish Blind; (9) The Hebrew Orphan Asylum of the City of New York; (10) Hebrew Sheltering Guardian Society of New York Orphan Asylum; (11) The Educational Alliance; (12) Visiting Nurse Service administered by the Henry Street Settlement in New York City; (13) The Salvation Army, with national headquarters at 120-130 West 14th Street, Manhattan, New York City; (14) The American Red Cross (National) 17th and D Streets, N.W. Washington, D. C.; and (15) Children's Aid Society, No. 105 East 22nd Street, New York City, for the use of the Brace Memorial or Newsboys' Lodging House, 244 William Street, New York City, to be used by said institutions for their general purposes and objects.'

Paragraph Twelfth is construed as a gift of the entire residuary estate to the Federation with a charge upon it for the payment of the designated charities. Matter of Rhinebeck's Will, 186 Misc. 803, 60 N.Y.S.2d 203; Matter of Kennedy's Estate, 158 Misc . 617, 285 N.Y.S. 970. The income received by the residuary estate since the termination of the trust is payable to the Federation as the 'absolute residuary legatee' (Personal Property Law, § 17-b; Matter of Dunn's Estate, 170 Misc. 702, 10 N.Y.S.2d 766; Matter of Weinberg, Sur., 214 N.Y.S.2d 971).

Paragraph Twelfth (5) is construed as a gift payable to Seton Hospital Corporation. Paragraph Twelfth (6) is construed as a gift payable to the trustees of the...