In re the Estate of Colgate

Shells, S.

Mary Colgate, a resident of the city of Yonkers, died on October 24, 1936, leaving a will which was admitted to probate on December 29, 1936.

Article second of her will provides as follows: “Article Second. I give and bequeath to the Warburton Avenue Baptist Church of Yonkers One Hundred Thousand Dollars ($100,000.00) as an endowment fund, the income only to be used unless in case of emergency or change of conditions the church with the approval of a court of competent jurisdiction shall deem some other disposition thereof desirable. I request that the income from this endowment fund…