In re the Estate of Wilkerson

S. Samuel Di Falco, S.

Decedent, a resident of New York since 1936, died in 1954. She had executed a will in 1935 while a resident of the Virgin Islands. The will gave legacies of $5 to each of her brothers and the residuary to the Municipality of St. Croix, Virgin Islands “ on condition that they see to it that I am decently buried and that I shall be cared for in a proper manner during my last illness.” Decedent was cared for and buried by her brother, the administrator c. t. a., in New York. He asks the court to determine that the legacy *695lapsed by reason of the failure of the condition…