In re the Estate of Sterne

Foley, S.

In this accounting proceeding a question of construction has arisen with respect to the validity of certain gifts in trust set forth in the third, fourth and eleventh clauses of the will. The question involves the validity of certain conditions annexed to the gifts, and specifically whether such conditions are contrary to public policy. It is asserted that if such conditions are found to be void by the court, the trust for the benefit of the institutions named is nevertheless effective.

By the third clause of the will a trust of $200,000 was set up for the benefit of Ida Sterne, a…