Wetmore v. Parker
New York Supreme Court
This was an appeal by Catherine A. Parker, one of the defendants, from a judgment entered upon the decision of the Special Term. The action was brought to obtain a judicial construction of the will and codicils of Roxana Childs, deceased. The will, among other bequests, contained the following, viz.: “Fifth.
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This was an appeal by Catherine A. Parker, one of the defendants, from a judgment entered upon the decision of the Special Term. The action was brought to obtain a judicial construction of the will and codicils of Roxana Childs, deceased. The will, among other bequests, contained the following, viz.: “Fifth. I give the sum of $25,000 to the Utica Orphan asylum (now having its buildings on the road from Utica to Hew Hartford), to be perpetually invested by the trustees or managers thereof in the public stocks of the United States, or of the State of Hew York, or in bonds and mortgages upon…
1Opinion of the CourtMullin, P. J.
It would not be claimed, if the English laws relating to charitable uses were in force in this State, that the bequests, whose validity is disputed by the appellants, are not valid.
The Court of Appeals held in the case of Williams v. Williams (4 Seld., 525), that those laws were in force in this State, and therefore a bequest to several persons of money to be applied to ike education of poor children was valid, on the sole ground that the use was a charitable one.
At the same term in which the case of Williams v. Williams was decided, the court applied the principles laid down in that case in…
2Cases cited5 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Levy v. . LevyNew York Court of Appeals · 1865
- Adams v. . PerryNew York Court of Appeals · 1871
- In re HoweNew York Court of Chancery · 1828
3Cited by3 opinions
- In re Strickland's EstateNew York Supreme Court · 1892
- Frame v. WilletsNew York Surrogate's Court · 1886
- In re the Settlement of Accounts of WesleyNew York Supreme Court · 1892