Associate Alumni of General Theological Seminary of Protestant Episcopal Church v. General Theological Seminary of Protestant Episcopal Church
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 2, 1898, in favor of plaintiff, upon the submission of a controversy upon an agreed statement of facts under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. The fund in controversy is impressed with the trust settled by the donors.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 2, 1898, in favor of plaintiff, upon the submission of a controversy upon an agreed statement of facts under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. The fund in controversy is impressed with the trust settled by the donors. There has been neither a breach of trust by th@ defendant nor a failure of this trust. (2 Perry on Trusts [4th ed.], §§ 733-735, 743; Trustees Dartmouth College…
1Opinion of the CourtCullen, J.
This controversy relates to the rights of the parties under the donation of a fund of some twenty-five thousand dollars, collected by the alumni of the defendant’s seminary, to the defendant for the endowment in that seminary of a professorship, to be designated as the alumni professorship of evidences of revealed religion. This fund -was transferred to the defendant by the alumni (at the time a voluntary association) on Hay 10, 1883, on certain specified conditions which related to the character of the professorship and the duration of the official term of the incumbent, and reserved to the…
2Cited by28 opinions
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- Hobbs v. Board of EducationNebraska Supreme Court · 1934
- Smithers v. St. Luke's-Roosevelt Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2001
- Northwestern University v. Wesley Memorial HospitalIllinois Supreme Court · 1919
- Stewart v. FranchettiAppellate Division of the Supreme Court of the State of New York · 1915
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