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MATTER OF BOERNER

58 Misc.2d 144 (1968)

In the Matter of The Estate of Eugene S. Boerner, Deceased.

Surrogate's Court, Yates County.

November 1, 1968

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (John L. Schumacher of counsel), for Lincoln Rochester Trust Company and another, petitioners and coexecutors. Ralph A. Jones for Cornell University. John W. Metzger for University of Illinois. Louis J. Lefkowitz, Attorney-General (William S. Elder of counsel), for State of New York.

LYMAN H. SMITH, S.

Eugene S. Boerner died on September 5, 1966, a resident of Yates County, New York. In accordance with decedent's last will and testament and codicils, letters testamentary were issued to coexecutors, Lincoln Rochester Trust Company, of Rochester, New York and Roger L. Boerner on October 22, 1966.

The decedent, a noted rose hybridist, credited with having developed many world-famous rose species, was at the time of

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