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MATTER OF COMFORT

203 Misc. 669 (1952)

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

Surrogate's Court, Monroe County.

November 21, 1952.

Attorney(s) appearing for the Case

Charles S. Wilcox and Russell A. Sibley for Lincoln Rochester Trust Company, as executor of Frances B. Comfort, deceased, petitioner.

J. Emmett O'Brien for Esther B. Nicholl, respondent.

Arthur VD. Chamberlain for National Cancer Foundation, Inc., respondent.

WITMER, S.

This is a proceeding to determine the identity of a residuary legatee. In paragraph "THIRD" of her will testatrix provided in part as follows:

"(b) One-third (1/3) of the balance to the CANCER FOUNDATION, in memory of PAULINE C. MARTIN, to be used for cancer research. "(c) The remainder to the Trustees of the University of Rochester, of Rochester, New York, the income to be used...

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