In re the Construction of the Will of Yadach

Testator bequeathed his residuary estate to the pastors of certain churches, ‘ ‘ to be equally divided between each of said Pastors and to be used for High Masses for the Eternal Repose of my soul and my wife Mary’s soul.” The petitioners-appellants are sons of testator and contend that the bequests are invalid to the extent that they aggregate more than one half of the estate, after payment of debts. (Decedent Estate Law, § 17.) The Surrogate’s Court held that the bequests were to the pastors as individuals and were not within the contemplation of section 17 which provides, in part: ‘ ‘ No…