MATTER OF MORGAN


200 Misc. 645 (1951)

In the Matter of the Construction of The Will of Clifford W. Morgan, Deceased.

Surrogate's Court, Monroe County.

September 24, 1951.


Attorney(s) appearing for the Case

William L. Clay and Kermit E. Rice for Helen I. Palmer, petitioner.

Nathan Relin for Willis E. Whitcomb and another, executors and trustees under the will of Clifford W. Morgan, deceased, respondents.


WITMER, S.

Construction is sought herein of paragraph "Fifth" of testator's will in which he provided that the remainder of his estate be used in the creation of a charitable trust for educational purposes. Petitioner, as distributee, contends that no valid trust is created by said paragraph and that the residue of the estate passes as intestate property. The testamentary provision in question is as follows: "Fifth. All the rest, residue and remainder...

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