In re the Construction of the Will of Manilla

John J. Dillon, S.

The surviving executor and trustee has instituted a proceeding for a construction of paragraph “fifth” of the will contending that the doctrine of cy pres be applied, if necessary, in order to effectuate the charitable intention of testator. One of the three charitable corporations named as alternative beneficiaries has filed an answer contending that since the provisions of paragraph “ fifth ” cannot be carried out, the fund is payable pursuant to paragraph “ sixth ” of the will as a gift over to it and two other charities. The Attorney-General has appeared but has filed no…