In re the Construction of the Will of Lewis

Decree and final order reversed on the law and facts and matter remitted to the Surrogate’s Court for further proceedings in accordance with the memorandum, without costs of this appeal to any party. Memorandum: The Surrogate has erroneously determined that paragraph “Eighth” of the will did not create a trust for a general charitable or benevolent purpose and has therefore refused the executor’s petition that the trust be administered cy pres. Paragraph “ Eighth ” of the will, in our opinion, does create a trust for a general charitable and benevolent purpose, and the decree should be…