Eberhardt Estate

BOYLE,J.,

In the audit of the first and partial account of the executors of the will of the above-named decedent, the question for determination is whether the bequest provided in paragraph Second of decedent’s will is a charitable bequest which remains unaffected by the accompanying language which requests that certain of decedent’s relatives be preferred in the selection of the persons who are eligible for scholarship aid.

Isabel MacD. Eberhardt died on September 9, 1971. Letters testamentary were issued on her estate on September 20, 1971, to Mellon Bank, N. A., Robert Lee Mason and John…