Lewis, Labrecque and Kolovsky. The opinion of the court was delivered by Lewis, J.A.D.
[96 NJSuper Page 432] This proceeding was instituted by the executors of the estate of Francis M. Crawley, deceased, for judicial instructions relative to the disposition of a 1/18th share distributable under the residuary clause of testator's will. These consolidated appeals are by defendants who are some of the residuary legatees under the will. They appeal from a Chancery Division judgment directing that testator's gift of that share to the Seton Hall College of Medicine and Dentistry (herein Seton Medical) be paid to the New Jersey College of Medicine and Dentistry (herein New Jersey Medical) as cy pres successor beneficiary. 90 N.J. Super. 419 (1966).
The facts essential for our review are as follows: Testator died May 21, 1963 and his will was admitted to probate June 7, 1963. Following several gifts, absolute and in trust to respective beneficiaries, the testament provides:
"SEVENTEENTH: All the rest, residue and remainder of my estate of whatsoever nature and wheresoever situate, I give, devise and bequeath as follows:
1. One-Eighteenth (1/18) to Seton Hall University Medical School [sic] at Jersey City, New Jersey.
2. One Eighteenth (1/18) to Seton Hall University at South Orange, New Jersey.
3. One-Ninth (1/9) to my sister, Mary Amelia Crawley.
4. One-Ninth (1/9) to my niece, Eileen Crawley Phelan.
5. One-Ninth (1/9) to my nephew, Francis Thomas Crawley.
6. One-Ninth (1/9) to the Caldwell College for women.
7. One-Ninth (1/9) to the Roman Catholic Diocese of Newark, New Jersey.
8. One-Ninth (1/9) to New York Province of the Society of Jesus of New ...