Unger v. Loewy

The testator bequeathed his residuary estate to Cornell University for a special foundation if it would accept the same on the conditions named in the will, and otherwise to some similar institution of learning that would accept the gift on the same terms. The testator left a widow, and it is not disputed that the gift to Cornell University exceeds one-half of the net value of the estate. The executors bring this action to have determined whether they can tender the gift for acceptance to the extent of more than one-half the value of the estate. The question presented is whether the provision…