In re the Estate of de Acosta

S. Samuel Di Palco, S.

The court holds that under the terms of paragraph ‘ ‘ Second ’ ’ of the will testator’s daughter Eleanor is excluded in the division of the bequest of women’s jewelry made to the surviving daughters. It is conceded that at the death of the testator she was an adjudged incompetent and no claim is made that since that time her condition has improved to a point where she may be considered sufficiently competent to take care of her affairs. The appointment of a committee to manage her estate is not a substitute for the condition imposed by the will.

Payment of the fixed…