Yeager v. Johns

HIGGINS, Commissioner.

Appeal from declaratory judgment that the residuary clause of a will purporting to create a charitable trust was invalid and void, and order of distribution of residuary estate in excess of $50,000 to heirs at law of the testatrix.

The pertinent facts are undisputed.

Sadie Donahoe, a/k/a Sarah Blanche Donahoe, died testate August 17, 1968, and her residuary estate after payment of debts and legacies is in excess of $50,000.

Article X of her will provided:

“I give, devise and bequeath the rest, residue and remainder of my estate of whatsoever kind and character and…