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MATTER OF BOYNTON

8 Misc.2d 1068 (1957)

In the Matter of The Estate of Charles H. Boynton, Deceased.

Surrogate's Court, New York County.

October 11, 1957.

Attorney(s) appearing for the Case

Myron I. Mandel and William C. Perrin for Town of North Brookfield, Worcester County, Massachusetts, petitioner.

Davis Polk Wardwell Sunderland & Kiendl for Guaranty Trust Company of New York, respondent.

JOSEPH A. COX, S.

The testator directed that the remainder of the residuary trust created by his will be paid to "Maple Grove Cemetery" in the town of North Brookfield, Massachusetts. The uncontroverted allegations of the petition in this proceeding for construction of the will are that there is not and never has been a cemetery in North Brookfield known as Maple Grove Cemetery; that many years before his death...

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