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MATTER OF SWOPE

204 Misc. 510 (1953)

In the Matter of the Construction of The Will of Rebecca A. D. Swope, Deceased.

Surrogate's Court, New York County.

March 5, 1953.

Attorney(s) appearing for the Case

Harold Harper for Division of Foreign Missions of Board of Missions and Church Extension of the Methodist Church, petitioner.

Nathaniel L. Goldstein, Attorney-General (P. Hodges Combier of counsel), in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law, respondent.

FRANKENTHALER, S.

The residuary legatee has applied for a construction of the will, invoking the cy pres power of this court (Personal Property Law, § 12, subd. 2). Testatrix bequeathed her residuary estate to numerous charities and provided that a portion thereof pass "to the `Board of Foreign Missions of the Methodist Episcopal Church', incorporated under the Laws of the State of New York, the income of...

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