MATTER OF YADACH


5 A.D.2d 355 (1958)

In the Matter of the Construction of The Will of Stanley Yadach, Deceased. John Yadach et al., Appellants; Peter F. Yadach, as Administrator C. T. A. of The Estate of Stanley Yadach, Deceased, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 27, 1958.


Attorney(s) appearing for the Case

Edward A. McMahon for appellants.

James C. Steenbergh for respondent.

FOSTER, P. J., BERGAN and COON, JJ., concur.


GIBSON, J.

Testator bequeathed his residuary estate to the pastors of certain churches, "to be equally divided between each of said Pastors and to be used for High Masses for the Eternal Repose of my soul and my wife Mary's soul." The petitioners-appellants are sons of testator and contend that the bequests are invalid to the extent that they aggregate more than one half of the estate, after payment of debts....

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