In re the Estate of Hagreen

OPINION OF THE COURT

Michael A. Telesca, S.

The Town of Penfield has brought this proceeding to compel *234the executor to judicially settle his account and to pay to the town $2,000 for the perpetual care of certain family burial plots as provided in paragraph "sixth” of the will. The attorney for the executor contends that at the time the will was drafted and executed, the testator did not know the family burial plots were controlled and maintained by the Town of Penfield and that if he had known this, he would not have made the bequest for perpetual care. Paragraph "sixth” of the will provides…