In re the Estate of Hills

Foley, S.

This is a proceeding brought by the committee of the incompetent widow of the testator to construe his will. The action of the committee in instituting the proceeding has been approved and ratified by the Supreme Court. The gift of the residue of the estate to the charitable corporations named in the will is attacked by the committee as violating the provisions of section 17 of the Decedent Estate Law. It definitely appears that more than one-half of the estate, after the payment of debts, has been devised and bequeathed to charity, in violation of the statute. The right of the…