In re the Construction of the Will of Cromwell

Frankenthaler, S.

The executors have petitioned for a construction of testator’s will and for a determination whether the American Society for Russian Relief, Inc. (known formerly as Russian War Relief, Inc.) is entitled to take the legacy provided therein. They challenge the right of the society to receive payment upon the ground that it had ceased to “ function ” prior to the death of the testator on July 19, 1948, and hence did not qualify for payment under the provisions of the will. The petitioners rely upon the following text in paragraph Eighth of the will: “ Should any beneficiary…