In re the Construction of the Will of Comfort

Wither, S.

This is a proceeding to determine the identity of a residuary legatee. In paragraph “ Third ” of her will testatrix provided in part as follows:

“ (b) One-third (%) of the balance to the Cancer Foundation, in memory of Pauline C. Martin, to be used for cancer research.

“ (c) The remainder to the Trustees of the University of Rochester, of Rochester, New York, the income to be used for one or more scholarships for students at the College of Arts and Sciences at said University, to be known as the ‘ Milton S. Comfort Scholarship. ’ ”

The executor and the respondent Esther B. Nicholl…