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In re Crane, In re Pott’s Will, nan

Facts

Ida C. Potts, deceased, left a will that included a provision in paragraph 26 regarding the residue of her estate. This provision stipulated that the residue should be allocated for the construction, maintenance, and operation of a hospital. The Surrogate's Court initially construed the will and determined the validity of this provision, leading to an appeal by the parties involved.

Ida C. Potts, deceased, left a will that included a provision in paragraph 26 regarding the residue of her estate.

Issue

Whether the provisions contained in paragraph 26 of Ida C. Potts' will, which directed the residue of her estate to be used for a hospital, are valid.

Whether the provisions contained in paragraph 26 of Ida C. Potts' will, which directed the residue of her estate to be used for a hospital, are valid.

Rule

The court applied principles of will construction to determine the intent of the testator and the validity of the charitable trust established in the will.

The court applied principles of will construction to determine the intent of the testator and the validity of the charitable trust established in the will.

Analysis

The court examined the language of the will and the intent of the testator, concluding that the provisions in paragraph 26 were clear and unambiguous. The court found that the establishment of a trust for the hospital was consistent with the testator's intent to benefit the community through charitable means.

The court examined the language of the will and the intent of the testator, concluding that the provisions in paragraph 26 were clear and unambiguous.

Conclusion

The order was affirmed, validating the provisions of the will regarding the hospital trust.

Order affirmed, with costs to each set of parties filing a brief payable out of estate; no opinion.

Who won?

The prevailing party was the estate, as the court upheld the validity of the provisions in the will that directed the use of the estate's residue for the hospital.

The prevailing party was the estate, as the court upheld the validity of the provisions in the will that directed the use of the estate's residue for the hospital.

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