In re the Accounting of Mattson

Maximilian Moss, S.

In this accounting proceeding, the court is required to construe testatrix’ will. Testatrix died April 5, 1955; her will, dated August 31, 1943, was admitted to probate in this court on December 27, 1955. The legacy, provided by testatrix under paragraph “ Third” of her will, is payable to St. Paul’s Methodist Church of Vanderveer Park (Religious Corporations Law, §§ 13, 16; Westminster Presbyt. Church v. Trustees of Presbytery, 142 App. Div. 855, 875, 876; Bank of United States v. Glickman, 241 App. Div. 92, affd. 265 N. Y. 539).

By paragraph “ Fourth ”, which is the…