In re the Intermediate Accounting of McConologue

Edgar F. Hazleton, S.

The last dispositive paragraph of testator’s will reads as follows: “ All the rest, remainder and residue of my estate, real and personal are to become part of my estate and such funds are to be divided between a list of sixty-five or more charities, equally as listed in my book of annual charity contributions which has been shown to my executor. ’ ’

At testator’s death, an unattested list of 53 charities was found by his executors. The record is barren of proof of its genuineness. (Cf. Matter of Fowles, 222 N. Y. 222, 232-234) and this paragraph must therefore fail as a…