In re the Accounting of Halpern

Frankenthaler, S.

Testatrix bequeathed the residue of her estate to the accounting executor, in trust, to erect a “ suitable monument on my grave, and to pay, annually, such amount as may be necessary for the proper care and maintenance of our family plot ”. The executor requests a construction of the above provision and permission to transfer sufficient funds to a named religious corporation to have it provide such perpetual care.

*732The court holds that a valid trust was created by the will (Personal Property Law, § 13-a; Matter of Pearsall, 125 Misc. 634), and that a reasonable sura must be…