In re the Will of Schmitt

Foley, S.

This is an application by the three executors for a construction of the will. The testator died on November 24, 1940. In the third paragraph of his will he directed his executors to sell all of his real property not specifically devised. The fifth paragraph of the will gives all of the residuary estate to the Lenox Hill Hospital on condition that the legatee accept the gift and designate it as á memorial to the decedent and members of his family. The charitable residuary legatee duly filed its acceptance of the gift in accordance with the terms of the will.

The gross estate of this…