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ESTATE OF JEAN-CLAUDE BAKER, Deceased

ESTATE OF JEAN-CLAUDE BAKER, Deceased (15/292/A) — This is an uncontested petition by the executors of the estate of Jean-Claude Baker, requesting that the court apply its cy pres power pursuant to EPTL 8-1.1 to direct that a portion of a specific bequest be given to an alternative charitable beneficiary.

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ESTATE OF JEAN-CLAUDE BAKER, Deceased (15/292/A) — This is an uncontested petition by the executors of the estate of Jean-Claude Baker, requesting that the court apply its cy pres power pursuant to EPTL 8-1.1 to direct that a portion of a specific bequest be given to an alternative charitable beneficiary.

At the time of his death in 2015, decedent had amassed a sizeable collection of memorabilia of Josephine Baker,1 a well-known singer and entertainer who died in 1975. In his will dated January 12, 2015, executed just three days before his death, decedent bequeathed this collection of memorabilia to the Smithsonian National Museum of African Art (“the Smithsonian”), in Washington, D.C. The will does not name a contingent or alternate beneficiary for the memorabilia. The Smithsonian inspected the collection of 44 items, but agreed to accept only 28 pieces. The Executors searched for an alternative charitable beneficiary to accept the remaining 16 items, in accordance with decedent’s charitable intent, and have proposed that those items be distributed to the New York Public Library for the Performing Arts (“NYPL”). The NYPL has welcomed the addition of this memorabilia to its collection and the New York State Attorney General has no objection to this proposal. The Executors have asked the court to apply the doctrine of cy pres, pursuant to EPTL 8-1.1(c) (1), to authorize this disposition.

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