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MATTER OF SYRACUSE UNIV. (HEFFRON)

3 N.Y.2d 665 (1958)

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

Court of Appeals of the State of New York.

Decided February 20, 1958.

Attorney(s) appearing for the Case

Edmund H. Lewis, appellant in person.

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

Louis J. Lefkowitz, Attorney-General (Dunton F. Tynan and John R. Davison of counsel), respondent, in his statutory capacity under section 12 of the Personal Property Law and section 113 of the Real Property Law.

William D. Johnson for Syracuse University, respondent.

Chief Judge CONWAY and Judges DYE and FROESSEL concur with Judge VAN VOORHIS; Judges DESMOND, FULD and BURKE dissent and vote to affirm.

VAN VOORHIS, J.

We think that the petition should be dismissed. The settlement agreement which resolved an earlier contest over this bequest by John L. Heffron provided for its transfer to Syracuse University "for the purposes stated in paragraph Ten of the said last will and testament of John L. Heffron, deceased". In other words, this fund was transferred under the agreement of settlement but subject to the...

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