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MATTER OF SYRACUSE UNIV.

2 A.D.2d 466 (1956)

In the Matter of the Application of Syracuse University, Respondent. State University of New York et al., Appellants; Edmund H. Lewis, as Surviving Executor of John L. Heffron, Deceased, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 14, 1956.

Attorney(s) appearing for the Case

Jacob K. Javits, Attorney-General (James O. Moore, Jr., Thomas Burke and A. W. Feinberg of counsel), in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law, appellant.

John C. Crary Jr., and Ruth V. Iles for State University of New York, appellant.

Edmund H. Lewis, as sole surviving executor of John L. Heffron, deceased, respondent in person.

Bond, Schoeneck & King for Syracuse University, respondent.

All concur. Present — VAUGHAN, J. P., WHEELER, WILLIAMS and BASTOW, JJ.

VAUGHAN, J.

This is a cy pres proceeding, instituted by Syracuse University pursuant to subdivision 2 of section 12 of the Personal Property Law, for an order directing disposition of the income from a bequest to Syracuse University contained in the will of Dr. John L. Heffron, deceased. Named as respondents were the Attorney-General, appearing for unnamed and unknown beneficiaries, the State University...

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