Legal Opinion

In re the Construction of the Will of Comfort

New York Surrogate's Court

Decided July 10, 1952PublishedCited by 2 opinions

1Opinion of the Court

Witmer, S.

In the subparagraph “(b)” of paragraph

“ third ” of her will testatrix gave one third of the residue of her estate “ to the Cancer Foundation, in memory of Pauline C. Martin, to be used for cancer research.” The executor is in doubt as to the identity of such legatee and has asked the court to receive evidence on the subject. Bespondent, National Cancer Foundation, Inc., objects to evidence being taken, and contends that as a matter of law it is the legatee designated, and cites in support of this position St. Luke’s Home v. Association for Indigent Females (52 N. Y. 191) and Union…

2Cases cited13 opinions

  1. In Re the Probate of the Will of SmithNew York Court of Appeals · 1930
  2. Baumann v. . SteingesterNew York Court of Appeals · 1915
  3. St. Luke's Home v. . Ass'n for Indigent FemalesNew York Court of Appeals · 1873
  4. In re CoughlinAppellate Division of the Supreme Court of the State of New York · 1916
  5. Chase National Bank v. Chicago Title & Trust Co.New York Supreme Court · 1934

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3Cited by2 opinions

  1. In re the Construction of the Will of ComfortNew York Surrogate's Court · 1952
  2. In re the Estate of BoyntonNew York Surrogate's Court · 1957

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