Trustees of the Theological Seminary of Auburn v. . Kellogg
New York Court of Appeals
Appeal from the Supreme Court. At the trial a special verdict was rendered, upon which the justice holding the circuit and special term decided that the plaintiffs were entitled to judgment, and directed that the argument on the exception to his decision should be heard in the firs! instance at general term. The Supreme Court, at general term in the seventh district, gave judgment for the plaintiff, and the defendant appealed to this court.
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Appeal from the Supreme Court. At the trial a special verdict was rendered, upon which the justice holding the circuit and special term decided that the plaintiffs were entitled to judgment, and directed that the argument on the exception to his decision should be heard in the firs! instance at general term. The Supreme Court, at general term in the seventh district, gave judgment for the plaintiff, and the defendant appealed to this court. The action was brought to obtain the construction of the will of David Hyde, deceased, and to establish the right of the plaintiffs to the legacy given to…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The principal questions which arise in this case are: First. Whether the legacy bequeathed to "The Theological Seminary of Auburn" is valid as a testamentary bequest; Second. Whether the plaintiffs' charter authorizes them to take and hold the legacy, and execute the trust created by the gift; and, Third. Whether the defendant, as…
2Cases cited4 opinions
- Covenhoven v. ShulerNew York Court of Chancery · 1830
- Pond v. BerghNew York Court of Chancery · 1843
- Lion ex dem. Eden v. BurtissNew York Supreme Court · 1823
- Wilkes v. Lion ex dem. EdenCourt for the Trial of Impeachments and Correction of Errors · 1823
3Cited by28 opinions
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Terry v. . WigginsNew York Court of Appeals · 1872
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- Van Nostrand v. . MooreNew York Court of Appeals · 1873
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