In Re Neher

279 N.Y. 370, 18 N.E.2d 625 (1939)

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Nature of the Case

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Facts

Testatrix devised her home to the village in which it was located, to be used to build a hospital in memory of her husband. The Trustees of the village (P) accepted the property on the terms expressed in the will. Later, the village petitioned the Surrogate's Court to reform the will to enable them to establish a Memorial Hall on the property, since they lacked the resources to build a hospital. The Surrogate denied the petition, and the Appellate Division affirmed.