In re the Estate of Breckwoldt

Wingate, S.

Prominent in the enumeration of potentially controversial issues in a proceeding for testamentary interpretation and adjudication is that which relates to the nature and proper classification of a legacy for the holding of religious ceremonials such as jahrzeit in the Jewish, and masses in the Roman Catholic, faiths.

Questions of this variety have arisen in many ways, perhaps the most frequent being the issue as to whether such gifts are entitled to a statutory preference in payment as a funeral expense under section 216 of the Surrogate’s Court Act. In this connection, the…