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MATTER OF JOHNSTON

277 A.D. 239 (1950)

In the Matter of the Construction of The Will of Mary C. Johnston, Deceased. Harris A. Stanford, Appellant; William E. W. Cramer, as Administrator C.T.A. of Mary C. Johnston, Deceased, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 27, 1950.

Attorney(s) appearing for the Case

Schwarte, Slade, Harrington & Goldsmith (John A. Slade of counsel), attorneys for appellant.

John L. McCormick, attorney (John F. Gilligan of counsel), for respondent.

HEFFERNAN, J. P., BREWSTER, BERGAN and COON, JJ., concur.

DEYO, J.

This is an appeal by a legatee from a decree of the Surrogate's Court of Albany County in a construction proceeding adjudging that a bequest to him was a gift on a condition that failed and that the bequest passed into the residuary estate.

The bequest appeared in the codicil to testatrix' will executed April 4, 1928, and read as follows:

"Seventh: I give and bequeath to Harris A. Stanford...

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