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MINISTERS BAPTIST CONVENTION v. McKAY

64 Misc.2d 231 (1970)

Ministers and Missionaries Benefit Board of the American Baptist Convention, Plaintiff, v. Donald W. McKay et al., Defendants.

Supreme Court, Trial Term, New York County.

May 27, 1970

Attorney(s) appearing for the Case

Patterson, Belknap & Webb (Robert P. Patterson, Jr., of counsel), for plaintiff. Lewis A. Rossano for Donald W. McKay and others, defendants. Louis J. Lefkowitz, Attorney-General (Allan S. Meyers of counsel), for charitable beneficiaries. Samuel C. Coleman, guardian ad litem.

MATTHEW M. LEVY, J.

(I)

After providing for a number of bequests, legacies and trusts in various articles of her last will and testament, Maude S. W. McKay, the decedent, disposed of the residue of her estate in the following language:

"TENTH: — All the rest, residue and remainder of my Estate, both real and personal, and wheresoever situate, I give, devise and bequeath unto The Ministers...

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