In re the Estate of Dunbar

William J. Regan, S.

This is a proceeding brought by the coexecutors of the above deceased seeking a determination under section 12 of the Personal Property Law as to whether a specific bequest contained in paragraph Sixth of the last will and testament of Lucilla H. Dunbar should go to the State University of New York or to the University of Buffalo Foundation, Inc.

The basic underlying facts are undisputed. Paragraph Sixth of the testatrix’ will, dated June 27, 1955, provided: “ I give and bequeath to the University of Buffalo Fifty Thousand Dollars for its Endowment Fund.”

The testatrix died…