In re the Construction of the Will of Futterman

Collins, S.

Decedent bequeathed his residuary estate in trust for the purpose of making musical recordings generally available to the American public through the agency of public lending libraries. The will authorizes the trustees to make contributions of estate moneys to organizations conducting such libraries and also authorizes the trustees to effectuate decedent’s intention by the formation of a corporation for that purpose. The court holds that donations by the trustees to public lending libraries that charge a modest rental fee will not contravene decedent’s purpose provided such…