Hoenig v. Newmark

WADDILL, Commissioner.

The appeal is from a judgment declaring a portion of the residuary clause of the will of Lucile Newmark void for uncertainty and directing distribution of the residue of the estate to certain beneficiaries in accordance with an alternate provision of the will. Appellants, who are the executors and trustees under the will, urge that the residuary clause of Miss Newmark’s will points out with reasonable certainty the beneficiaries and the purpose of the charity, and therefore is a valid disposition of the residue of the estate.

The residuary clause contained in Item VII…