In re Wheeler
Appellate Division of the Supreme Court of the State of New York
Appeal by The Missionary Society of the Methodist Episcopal Church from so much of a decree of the Surrogate’s Court of Sara-toga county, entered in said Surrogate’s Court on the 5th day'of August, 1897, admitting to probate the will of Sarah D. Wheeler, deceased, as adjudgés that the appellant is not the beneficiary named in the 10th clause of such will; that said devise failed for uncertainty of the legatee; and also from that portion of the decree awarding allowances to…
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Appeal by The Missionary Society of the Methodist Episcopal Church from so much of a decree of the Surrogate’s Court of Sara-toga county, entered in said Surrogate’s Court on the 5th day'of August, 1897, admitting to probate the will of Sarah D. Wheeler, deceased, as adjudgés that the appellant is not the beneficiary named in the 10th clause of such will; that said devise failed for uncertainty of the legatee; and also from that portion of the decree awarding allowances to the special guardians. The appellant was incorporated by chapter 136, Laws of 1839, which declares: “ The object of the…
1Opinion of the Court
Landon, J.:
The will of the testatrix, after various devises and bequests, contains the following:
“ Tenth. I give, devise and bequeath to the Home Missionary Society all the residue and remainder of my said estate, excepting my household furniture and wearing apparel, to have and to hold the same, to-the said Home Missionary Society and their respective •successors. I mean the Methodist Home Missionary Society.”
The appellant, “ The Missionary Society of the Methodist- Episcopal Church,” although not cited, voluntarily appeared before the surrogate upon the proceedings for the,probate of the…
2Cases cited5 opinions
- Mann v. MannNew York Court of Chancery · 1814
- In Re the Probate of the Will of KelemanNew York Court of Appeals · 1891
- In Re Proving the Last Will & Testament of VowersNew York Court of Appeals · 1889
- Doe v. RoeNew York Supreme Court · 1828
- Tillotson v. . RaceNew York Court of Appeals · 1860
3Cited by7 opinions
- In re the Accounting of KeyserlingNew York Court of Appeals · 1954
- Kernochan v. Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1919
- In re the Estate of TinkerNew York Surrogate's Court · 1935
- Bowman v. Domestic & Foreign Missionary SocietyAppellate Division of the Supreme Court of the State of New York · 1904
- In re the Construction of the Will of BradfordNew York Surrogate's Court · 1959
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