Mears's Estate

Opinion by

Me. Justice Feazee,

The chief ground of appellant’s opposition to the decree of the court below is embodied in the second proposition set forth in their statement of questions involved, namely, that testator’s intention was to create a charitable gift on condition or for a special purpose, rather than a general charitable use, and that consequently the President and Fellows of Harvard College, hereinafter referred to as Harvard University, having refused to accept the bequest by reason of its unwillingness to comply with the conditions imposed by the will, the legacy falls and should…