Fosdick v. Town of Hempstead
New York Supreme Court
Appeal from special term, Suffolk county. An action by Lewis L. Fosdick and Van Wyck Hewlett, executors, etc., of the will of Abraham Hewlett, deceased, to obtain a judicial construction of the will. The town of Hempstead appeals from so much of the judgment as declares the bequest to it void.
1Opinion of the CourtBarnard, P. J.
The testator by bis last will, in case of the failure of any bequests made therein, gave one-half of the estate' created by such failing trust to Trinity Church, Roekaway,” and the other one-half to the town of Hempstead, to be kept as a fund for the support of the poor of said town, and to be known as the “Hewlett Fund.” Can the town take the legacy? The gift is absolute, and vests at once. Wetmore v. Parker, 52 N. Y. 450. The town already has a fund for the same purpose. Chapter 591, Laws 1870, § 8. Towns have power by statute to purchase and hold personal property necessary to the exercise…
Also in this document: Dissent.
2Cases cited6 opinions
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- In Re the Estate of McGrawNew York Court of Appeals · 1888
- Vail v. . Long Island R.R. Co.New York Court of Appeals · 1887
- Morey v. Town of NewfaneNew York Supreme Court · 1850
- Town of Fishkill v. Fishkill & Beekman Plank Road Co.New York Supreme Court · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re McGowanNew York Surrogate's Court · 1929
- Ellet v. McCordCourt of Appeals of Texas · 1931
- In Re McGovern's EstateMontana Supreme Court · 1926
- Witt v. StateCourt of Claims of Illinois · 1969