Collister v. Fassitt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Georgie S. Collister, from a -judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Rew York on the 13th day of April, 1896, upon the decision of - the court rendered after a trial at the blew York Special Term' sustaining the defendant’s demurrer to the complaint and dismissing said complaint.
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Appeal by the plaintiff, Georgie S. Collister, from a -judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Rew York on the 13th day of April, 1896, upon the decision of - the court rendered after a trial at the blew York Special Term' sustaining the defendant’s demurrer to the complaint and dismissing said complaint. The facts; as stated in the. complaint, .and admitted by the demurrer, are as follows :- The plaintiff had been for 'many years a member of the family of her uncle, George B. Scranton, who had educated her, maintained her,…
1Opinion of the Court
O’Brien, J.:
The question presented is, did the testator intend to create a trust or impose a charge upon so much of his estate as came into the possession of'-his wife for the payment of an amount adequate for the support of his niece ? The learned judge below answered this question in the negative on the ground that the words used in the will were “precatory” and imposed no binding obligation on the wife, the testafqr leaving. the -question of support or non-support entirely to Ms wife’s unlimited discretion. In determining whether this-view is correct we shótilcf "recall what was well .said…
2Cases cited3 opinions
- Colton v. ColtonSupreme Court of the United States · 1888
- Phillips v. . PhillipsNew York Court of Appeals · 1889
- Lawrence v. . CookeNew York Court of Appeals · 1887
3Cited by9 opinions
- Manning v. SheehanNew York Supreme Court · 1912
- Smith v. LentiniSupreme Court of Vermont · 1966
- Clark v. ClarkNew York Supreme Court · 1898
- Clark v. ClarkNew York Supreme Court · 1898
- Collister v. FassittAppellate Division of the Supreme Court of the State of New York · 1897
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