In re the Estate of Christy

Maximilian Moss, S.

By decree dated September 29, 1959, the Surrogate determined that the gifts of the remainder of the residuary trusts created under paragraph ‘ ‘ Ninth ’ ’ of the will of testator exceeded the maximum permissible gift to charity under section 17 of the Decedent Estate Law. The decree further provided that to the extent of such excess the remainder gifts were invalid and as to such excess testator died intestate.

Application is presently made by the widow for an order adjudging and decreeing that she is presently entitled to such portion of the trust principal as represents…