
    In the Matter of the Construction of the Will of Leon Gottlieb, Deceased.
    Surrogate’s Court, Kings County,
    December 20, 1948.
    
      Bernard H. Packman and Jacob Singer for M. Leonard Gottlieb, as administrator c. t. a. of Leon Gottlieb, deceased, petitioner.
    
      James N. Fazio for Family Schonberg Aid Society, respondent.
    
      Nathaniel L. Goldstein, Attorney-General (Corning G. McKennee of counsel), respondent in person.
    
      John J. O’Connor for United States Fidelity and Guaranty Company, respondent.
   McGarey, S.

In this proceeding a judicial construction is

requested of paragraph “ Third ” of testator’s will, the terms of which provide for a gift to a family corporation for the benefit of needy relatives in Europe.

The attempted gift herein is invalid for the reason that it is apparent that the gift is for a private use. rather than one of public interest (Matter of Beekman, 232 N. Y. 365; Matter of MacDowell, 217 N. Y. 454).

Proceed accordingly.  