In re Estate of Hewitt

The executor of Nancy Hewitt, deceased, filed his petition for final distribution of his testator’s estate, in which he claimed that under her will the residue of her estate, after the payment of certain specific legacies, debts, funeral, and other expenses, should be divided equally among three Presbyterian churches. In the language of the will: “ To the board of trustees of the Reformed Presbyterian church of Alleghany, Pennsylvania, to the board of trustees of the United Presbyterian church of Pittsburg, Pennsylvania, and to the board of trustees of the First Presbyterian church of Stockton, California, share and share alike. It is my desire that the amounts bequeathed to the board of trustees of the several churches above named shall be used for missionary purposes, the same to be equally divided between foreign and domestic missions.”

It is admitted that the residue of the estate is more than one third of the distributable assets of the testator’s estate, and the distribution prayed for is resisted by certain heirs at law of the decedent, on the ground that the clause of the will above quoted is null and void, except to the extent of the disposition of one third of the…