Carter v. Board of Education of the Presbyterian Church of America
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 13, 1893, which modified, and affirmed as modified, a judgment entered upon a decision of the court on trial at Special Term, This action was for the construction of a will. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 13, 1893, which modified, and affirmed as modified, a judgment entered upon a decision of the court on trial at Special Term, This action was for the construction of a will. The facts, so far as material, are stated in the opinion. The invalid bequests do not pass into the residuary estate, but are left undisposed of by the will and must be distributed in accordance with the Statute of Distribution. (Lamb v. Lamb, 131 N. Y. 234; In re Benson, 96 id. 499; Roper on…
1Opinion of the CourtGray, J.
The testator’s will, after appointing executors, directed them to convert into money, as soon after his decease as they conveniently might, any and all property, real and personal, of which he died seized and possessed, and to pay and dispose of the proceeds thereof as thereinafter directed. He then gave and bequeathed to each of four religious corporations, connected with the Presbyterian church, in which he was a minister, the sum of $3,000 and directed his executors to divide into three equal parts “ whatsoever moneys may remain in- the hands of my said executors after the payment of the…
2Cases cited3 opinions
- Matter of Accounting of BensonNew York Court of Appeals · 1884
- Riker v. . CornwellNew York Court of Appeals · 1889
- Lamb v. . LambNew York Court of Appeals · 1892
3Cited by15 opinions
- Morton v. . WoodburyNew York Court of Appeals · 1897
- In Re Estate of UphamCalifornia Supreme Court · 1899
- Leggett v. . StevensNew York Court of Appeals · 1906
- In Re the Transfer Tax Upon the Estate of ColeNew York Court of Appeals · 1923
- Langley v. . Westchester Trust Co.New York Court of Appeals · 1905
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