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MATTER OF DUNBAR

41 Misc.2d 1044 (1964)

In the Matter of The Estate of Lucilla H. Dunbar, Deceased.

Surrogate's Court, Erie County.

February 21, 1964

Attorney(s) appearing for the Case

Hellings, Morey, Stewart, Kresse & Rickers (William I. Morey of counsel), for petitioner. John C. Crary, Jr., for State University of New York, respondent. Hodgson, Russ, Andrews, Woods & Goodyear (John E. Dickinson of counsel), for University of Buffalo Foundation, Inc. Louis J. Lefkowitz, Attorney-General (Matthew A. Tiffany of counsel), for charitable beneficiaries.

WILLIAM J. REGAN, S.

This is a proceeding brought by the coexecutors of the above deceased seeking a determination under section 12 of the Personal Property Law as to whether a specific bequest contained in paragraph Sixth of the last will and testament of Lucilla H. Dunbar should go to the State University of New York or to the University of Buffalo Foundation, Inc.

The basic underlying facts are undisputed...

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