In re the Estate of Fitzsimmons

Varnum, S.

The testator herein died five days after making his will, under the terms of which the bulk of his estate is given to various charitable and religious institutions. Upon a final accounting by the executrix the court is asked by the next of kin of decedent to pass upon the validity of these bequests-, so that proper distribution may be directed in the decree to be *375■entered. The principal legatee under the will is the College •of St. Francis, Xavier. It is contended that the legacies to this institution are void by reason of section 6 of the act of 1848 (chap. 319, Laws of 1848),…