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In re Schwartz's Will

3 N.Y.S. 134 Court N.Y. Sur. Ct. English

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p. 134
In re Schwartz’s Will.
(Surrogate’s Court, Kings County.
June, 1888.)

Headnote

Charities—Superstitious Uses.
A direction in a will to the executor to expend a certain sum in having masses-read for the repose of the testator’s soul is invalid.[1] Following Holland v. Alcock,. (N. Y.) 16 N. E. Rep. 305 .
Application for the probate of the will of Anna E. Schwartz, deceased, by Joseph Bruder, named in the will as sole executor. John Schwartz and another contest.
Henry Fuehrer, for petitioner. Edward P. Schell, for contestants.

In this proceeding I am required to pass upon the validity of the following clause of the will of decedent: “I hereby direct that my executor hereinafter named to have masses read for the repose of my soul, for which I direct him to expend the sum of five hundred dollars.” I am constrained by the decision of the court of appeals in the case of Holland v. Alcock, 108 N. Y. 312 , 16 N. E. Rep. 305 , to determine this disposition to be invalid.

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