Mears's Estate

Gest, J.,

The Auditing Judge has discussed the interesting question raised in this case in a very careful adjudication, and we are satisfied that his award of the residuary estate was correctly made.

It is very clear, and is, indeed, conceded, that the bequest of the residuary estate of the testator is for a charitable use. The next of kin of the testator contend, however, that the bequest, which is in terms given to the President and Fellows of Harvard University, is conditioned upon its acceptance by the legatee, and as the legatee has declined to accept it, the testator has died intestate…