
    In the Matter of the Probate of the Will of Anna E. Schwartz, Deceased.
    
      (Surrogate’s Court, Kings County,
    
    
      Filed June, 1888.)
    
    Will—Construction of.
    Decedent’s will provided: “I hereby direct that my executor, hereinafter named, do have masses read for the repose of my soul, for which I direct him to expend the sum of $500. Held, void, following Holland v. Aleock (108 N. Y., 313; 14 N. Y. State Rep., 761).
    The construction of decedent’s will upon the application of Joseph Bruder, who was named therein as the sole executor, and for a decree admitting the same to probate. John Schwartz and another, next of kin of decedent, contested its admission.
    
      Henry Fuehrer, for petitioner; Edward P. Schell, for next of kin.
   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, do have masses read for the repose of my soul, for which I direct him to expend the sum of $500.” I am constrained by the decision of the court of appeals in the case of Holland v. Alcock (108 N. Y., 312; 14 N. Y. State Rep. 761 to determine this disposition to be invalid.  