Morristown Trust Co. v. Mayor of Morristown

Howell, Y. C.

The two legacies in question, under the will of Augustus L. Severe, must fail, and the amounts thereof must revert to the residuary fund. The first legacy appropriates $5,000 for the erection of a bronze and granite base for the flag staff in the Morristown park when the proper consent shall have been obtained for the erection of the same from the trustees of the park and from the municipal authorities of Morristown; the same to bear an inscription that it was erected in memory of the testator’s father. This bequest must fail because it does not come within any of the definitions…