In re Schwartz's Will , 20 N.Y. St. Rep. 363 ( 1888 )

Lott, S.

In this proceeding I am required to pass upon the validity of the following clause of the will of decedent: “I hereby direct that my executor hereinafter named to have masses read for the repose of my soul, for which I direct him to expend the sum of five hundred dollars.” I am constrained by the decision of the court of appeals in the case of Holland v. Alcock, 108 N. Y. 312, 16 N. E. Rep. 305, to determine this disposition to be invalid.