In re the Will of Hamilton

This is an appeal from a decree of the Surrogate’s Court of Chautauqua County adjudging that a trust, created by the testatrix in the Nineteenth and Twentieth paragraphs of her will, for the establishment of an animal home or hospital and for the care, comfort and benefit of dumb animals therein, is a charitable trust and a valid testamentary disposition of her residuary estate. The opinion of the learned Surrogate, construing the testatmentary provisions under attack, is comprehensive and persuasive. We shall, therefore, state but briefly our reasons for agreement with his conclusions.

Testatr…