Grace's Estate, Matter of

Decision Date05 October 1970
PartiesIn the Matter of the ESTATE of Joseph P. GRACE, Deceased. Michael P. GRACE, II, as executor, etc., Respondent, v. W. R. GRACE & CO., Appellant, and Marine Midland Grace Trust Company of New York et al., Respondents.
CourtNew York Supreme Court — Appellate Division

Michael R. Todd, New York City, for petitioner-respondent, Michael P. Grace, II; Null & Cooperstein, Douglas P. Null, Garden City, of counsel.

Leo A. Larkin, New York City, for respondent-appellant, W. R. Grace & Co.; John F. Kelly, Robert E. Hugh, New York City, of counsel.

Sullivan & Cromwell, New York City, for respondent, Marine Midland Grace Trust Co. of New York; Donald C. Christ, John C. Sabetta, New York City, of counsel.

Charles E. Lapp, Jr., Cedarhurst, Guardian ad Litem for Janet Maureen Grace.

Order of the Surrogate's Court, Nassau County, dated May 13, 1970, affirmed, without costs. No opinion. 62 Misc.2d 51, 308 N.Y.S.2d 33.

MUNDER, Acting P.J., and MARTUSCELLO, LATHAM. KLEINFELD and BRENNAN, JJ., concur.

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4 cases
  • DiMauro v. Pavia
    • United States
    • U.S. District Court — District of Connecticut
    • April 17, 1979
    ... ... relief for alleged fraudulent and negligent acts by defendants in the administration of the estate of the plaintiff's late husband. Defendants have 492 F. Supp. 1056 moved on a variety of grounds ... That DiMauro carefully considered the matter of retaining the stock is shown by her insistence that it not be sold for less than 30. 15 She ... ...
  • Wiesner v. ROMO PAPER PRODUCTS CORP., ETC.
    • United States
    • U.S. District Court — Eastern District of New York
    • May 6, 1981
    ... ... § 1132. Defendants have moved to dismiss plaintiff's pro se complaint for want of subject matter jurisdiction, or to stay the action pending the outcome of State litigation involving the same ... v. McNee, 170 Misc. 144, 9 N.Y. S.2d 708, 713 (Sup.Ct., Rockland Co. 1939); In Re Grace's Estate, 62 Misc.2d 51, 308 N.Y.S.2d 33, 42 (Surrog.Ct., Nassau Co.), aff'd mem., 35 A.D.2d 783, 315 ... ...
  • Hartwick College v. U.S.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • September 18, 1986
    ... ... McCurn, Judge, granting the plaintiffs a refund of taxes paid on income earned by the estate of Jessie Smith Dewar during the period from May 28, 1976 through April 30, 1977. After the income ... 400. The government appeals this ruling and, in addition, challenges the subject matter jurisdiction of the district court to hear this case on the ground that the appellees had not ... ...
  • Grace v. W.R. Grace & Co.
    • United States
    • New York Court of Appeals Court of Appeals
    • April 7, 1971

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