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MATTER OF COMFORT

201 Misc. 1119 (1952)

In the Matter of the Construction of The Will of Frances B. Comfort, Deceased.

Surrogate's Court, Monroe County.

July 10, 1952.

Attorney(s) appearing for the Case

Thomas M. Nichols and Russell A. Sibley for Lincoln Rochester Trust Company, as executor of Frances B. Comfort, deceased, petitioner.

Arthur V. D. Chamberlain for National Cancer Foundation, Inc., respondent.

WITMER, S.

In the subparagraph "(b)" of paragraph "THIRD" of her will testatrix gave one third of the residue of her estate "to the CANCER FOUNDATION, in memory of PAULINE C. MARTIN, to be used for cancer research." The executor is in doubt as to the identity of such legatee and has asked the court to receive evidence on the subject. Respondent, National Cancer Foundation, Inc., objects to evidence being taken, and contends that as a matter of law it...

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