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MATTER OF McVOY

1 Misc.2d 251 (1955)

In the Matter of the Construction of the Will of Martin McVoy Jr., Deceased.

Surrogate's Court, New York County.

July 25, 1955.

Attorney(s) appearing for the Case

Dimmock, Snyder & Van Patten for Elsa C. Curtis; Jay Leo Rothschild for Robert J. Wood, and Martin J. Desmoni for Herbert Trigger, as executors of Martin McVoy, Jr., deceased, petitioners.

William C. Pierce and Lorene Joergensen for Cornell University, respondent.

Eugene Goodwillie and Constable MacCracken for Alpha Delta Phi Fraternity at Cornell University, respondent.

Jacob K. Javits, Attorney-General (Julius Greenfield of counsel), in his statutory capacity under section 12 of Real Property Law and section 113 of Personal Property Law, respondent.

FRANKENTHALER, S.

This proceeding has been brought for construction of certain provisions of the Fourth Article of testator's will which article reads as follows:

FOURTH: All the rest, residue and remainder of my estate of whatever nature, real, personal and mixed, which I may own or have the right to dispose of at the time of my decease, I hereby direct, shall be vested in a trust fund,

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