Van Gieson's v. Banta

The Chancellor.

The bill is filed by the executor of Margaret Van Gieson, deceased, against the executors of Abraham Westervelt, deceased, for a decree declaring invalid a bequest of $500 in the will of Garret H. Van Wagoner, deceased, and ordering that one-third of the amount, with its accumulations, be paid to him. By the *16bequest, the testator intended to create a permanent fund, the interest whereof was to be expended in enclosing, keeping in repair and improving a designated public bmying-ground in Bergen county. The complainant insists that the bequest is not a valid charity, and that…