In re Clayton

The only question that comes before this court on this appeal is the construction of the 28th clause of the will of the testatrix, which reads as follows:

“ Twenty-eighth. All the rest, residue and remainder of my estate, real as well as personal and wheresoever situate, of which I shall die seized or possessed, I direct my executor or executrix hereinafter named to distribute where he, or she as his successor or substitute, in his or her judgment shall consider it will be most effective in the advancement of Christ’s Kingdom on earth.”

The learned surrogate held this clause valid as a power in…