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6 Dem. Sur. 169

Schwartz v. Bruder

New York Surrogate's Court

Decided June 15, 1888

New York Surrogate's Court · decided 1888-06-15

Construction of decedent’s will, upon application, by Joseph Bruder, therein nominated sole executor, for a decree admitting the same to probate. John Schwartz and another, next of kin of decedent, appeared as contestants.

Decided 1888-06-15

The Surrogate.

¶1In this proceeding I am required to pass upon the validity of the following clause of *171the 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) to determine this disposition to be invalid.

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