Lockwood's Estate

Ladner, J.,

dissenting. — For the reasons set forth in my adjudication which I need not now repeat, I dissent from the ruling of the majority that the Lockwood bequest was not intended to be in trust but to be an outright gift to a beneficiary mis-described as a “Spiritualistic College to Educate Mediums.” In arriving at their conclusion, to my view, the majority have failed to note the distinction which our Supreme Court has consistently observed in construing bequests to private as opposed to charitable and religious trusts. In the former the intent of testator to create a trust must appear…