In re the Construction of the Last Will & Testament of Zimmerman

Marcus, S.

There is no dispute as to the testamentary capacity of the testatrix, or the due execution of the will.

The husband of the testatrix has put in issue, under section 2624 of the Code of Civil Procedure, first, the validity of the. bequest “ to the priest of St. Mary’s Church of Lancaster, New York, of the sum of $600, for which masses shall be said for flie repose of my soul, and that of my husband, and all my relatives and benefactors,” claiming, first, that such bequest is. void for uncertainty as to the trustee and beneficiary; second',, ihat if valid, it is a bequest in fact to…