In re the Construction of the Will of Zumstine

In a proceeding . to determine the validity of a testamentary bequest, the. Attorney-General of the State of New York appeals from, so .much of a decree of the Surrogate’s. Court, Nassau County, dated August 3, 1960, as invalidated' the bequest for inability of. the designated beneficiary to accept it. Decree insofar as appealed from affirmed, with costs to all parties filing briefs, payable out of the estate. Nolan, P. J., Beldoek and Christ, JJ., concur; Kleinfeld, J., dissents and votes to reverse the decree, insofar as appealed from, *781with the following memorandum: Testator "made his will…