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MATTER OF COOPER

36 Misc.2d 689 (1962)

In the Matter of The Estate of Emil Cooper, Deceased.

Surrogate's Court, New York County.

July 9, 1962

Attorney(s) appearing for the Case

Lawrence Krauss for Jerome A. Weiss, as executor, petitioner. Goldstone & Wolff (Sidney A. Wolff of counsel), for National Jewish Hospital of Denver, respondent. Leonard Marsili, as special guardian for Martin J. Kahao, III, and others, infants, respondent. Benjamin, Galton & Robbins for Mt. Sinai Hospital, respondent. Louis J. Lefkowitz, Attorney-General (Tony Berman of counsel), for ultimate charitable beneficiaries, respondents.

JOSEPH A. COX, S.

The problem of construction to be resolved in this proceeding is created by the language of paragraph SIXTEENTH of the testator's will which reads as follows:

"SIXTEENTHS: I further give and bequeath unto MT. SINAI HOSPITAL, of New York City, the following: "(A) The sum of FIVE THOUSAND DOLLARS ($5,000.00) for the purpose of carrying on research work in the field of cancer...

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