First Presbyterian Church v. McKallor
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by the First Presbyterian Church in Village of Waterford, N. Y., against Edgar C. McKallor and another, executors of Caroline S. Knickerbocker, deceased, to construe certain clauses of her will, and for an accounting and payment. From a judgment in favor of plaintiff, defendants appeal.
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Appeal from special term. Action by the First Presbyterian Church in Village of Waterford, N. Y., against Edgar C. McKallor and another, executors of Caroline S. Knickerbocker, deceased, to construe certain clauses of her will, and for an accounting and payment. From a judgment in favor of plaintiff, defendants appeal. On or about the 27th day of September, 1895, Caroline S. Knickerbocker, an inhabitant of Waterford, in the county of Saratoga, died, leaving a last will and testament, which was afterwards duly proved, and letters testamentary issued to the defendants. The ninth and tenth…
1Opinion of the CourtMerwin, J.
The plaintiff was incorporated under the provisions of chapter 60 of the Laws of 1813 (3 Rev. St. [8th Ed.] pp. 1881, 1903, 1909). .Under that act, or the acts supplementary thereto (chapter 79, Laws 1878; chapter 176, Laws 1876), the plaintiff had the right to hold real and personal estate “for the use of such church, congregation or society, or other pious uses.” By the act of 1875, it was authorized generally, within certain limits ■as to amount, to take and receive by bequest or devise any real or personal estate. By section 4 of that act, the trustees of the society are authorized to…
2Cases cited8 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Bird v. . MerkleeNew York Court of Appeals · 1895
- Adams v. . PerryNew York Court of Appeals · 1871
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3Cited by4 opinions
- Cargill Commission Co. v. CampbellSupreme Court of Iowa · 1930
- In re Daniel's EstateNew York Surrogate's Court · 1903
- Estate of Whitcomb, Superior Court of California, County of San Francisco1890
- First Presbyterian Church in Village of Waterford v. McKallarAppellate Division of the Supreme Court of the State of New York · 1898