
    In the Matter of the Accounting of L. Roger Wentworth et al., as Executors of Clara E. Seabury, Deceased. New Bedford Home for Aged, Appellant; Association for the Relief of Aged Women, Respondent.
    
      Will — determination as to which of two corporations was entitled to legacy bequeathed to “ Old Ladies Home.”
    
    
      Matter of Wentworth, 191 App. Div. 889, affirmed.
    (Submitted October 6, 1920;
    decided October 22, 1920.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 27, 1920, -which affirmed a decree of the New York County Surrogate’s Court which adjudged that the respondent herein was entitled to receive the entire legacy bequeathed by a provision of the will of Clara E. Seabury, deceased, which read as follows: “ I give and bequeath five thousand ($5,000) dollars to the Old Ladies Home in said New Bedford.” It appeared that the appellant was a charitable organization lawfully organized, whose object and purpose was to maintain a home for indigent persons, both male and female, and of any race, colored and white; that respondent was likewise a charitable organization, lawfully organized, whose object and purpose were to provide assistance and relief to aged females exclusively. It had no established' “ home,” but dispensed its funds in supporting and maintaining a large number of old women in various places wherever they might be.
    
      Wilford H. Smith for appellant.
    
      Walter K. Earle for respondent.
   Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Cardozo, McLaughlin, Crane and Andrews, JJ.  