Hyperlawhypertext legal database In re the Probate of the Will of Schwartz 20 N.Y. St. Rep. 363

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In re the Probate of the Will of Schwartz

20 N.Y. St. Rep. 363 Court N.Y. Sur. Ct. English

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p. 363
In the Matter of the Probate of the Will of Anna E. Schwartz, Deceased.
(Surrogate’s Court, Kings County,
Filed June, 1888.)

Headnote

Will—Construction of.
Decedent’s will provided: “I hereby direct that my executor, hereinafter named, do have masses read for the repose of my soul, for which I direct him to expend the sum of $500. Held, void, following Holland v. Aleock ( 108 N. Y., 313 ; 14 N. Y. State Rep., 761).
The construction of decedent’s will upon the application of Joseph Bruder, who was named therein as the sole executor, and for a decree admitting the same to probate. John Schwartz and another, next of kin of decedent, contested its admission.
Henry Fuehrer, for petitioner; Edward P. Schell, for next of kin.

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, do have masses read for the repose of my soul, for which I direct him to expend the sum of $500.” I am constrained by the decision of the court of appeals in the case of Holland v. Alcock ( 108 N. Y., 312 ; 14 N. Y. State Rep. 761 to determine this disposition to be invalid.