In re the Estate of Alexandre

OPINION OF THE COURT BY

HARTWELL, C.J.

The material facts upon which the questions of law were reserved are as follows: The decedent, as a. member of a Portuguese benevolent society, was entitled under its by-laws to designate by will or by declaration filed with its executive council the persons to whom, upon his decease, certain moneys collected by the society from its members, called in its by-laws a donation, should be paid by the society, the by-laws pi’oviding that “for all legal purposes the donation * * * is not. considered as assets of the estate of the deceased.” The testator in his…