Lockwood's Estate

Stearne, J.,

Testator, a spiritualist, bequeathed his residuary estate to the “Spiritualistic College to Educate Mediums, at Lillydale, New York.” The residuary estate, according to the account, amounts to $4,568.63.

The Lily Dale Assembly, a New York corporation, claimed the bequest as an absolute gift to it. The Commonwealth maintained that the testamentary provisions established a trust, which, however, was invalid because against public policy, and, as no next of kin apparently existed, that the fund was payable to the State Treasury, without escheat.

*622The auditing judge ruled that there was…