General

In the Matter of the Application of the Farmers and Mechanics' Trust Company of Bath, N. Y., for a Determination as to the Validity, etc., of the Last Will and Testament of Alice L. Smith, Deceased

240 A.D. 940·New York Supreme Court, Appellate Division·1933·NY

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Opinion

In the Matter of the Application of the Farmers and Mechanics’ Trust Company of Bath, N. Y., for a Determination as to the Validity, etc., of the Last Will and Testament of Alice L. Smith, Deceased. [MAJORITY] Decree affirmed, with costs. Memorandum. We think that the words of the will “ for a memorial to the memory of my beloved brother * * * in connection with the Bath Hospital * * * having in mind what will best meet the needs of said hospital,” read together, fairly import a charitable use, the brother mentioned having been a physician formerly connected with said hospital. (Ely v. Ely, 163 App. Div. 320; affd., sub nom. Ely v. Megie, 219 N. Y. 112.) All concur.