Cole v. Frost
New York Supreme Court
Appeal from special term” Kings county. This action was brought by William Cole to obtain a construction of the will of Clarissa F. Prince, deceased, of whicli plaintiff and defendant Charles B. Frost are the executors. The other defendants are the heirs and next of kin of the deceased, except the defendant the Methodist Episcopal Hospital, in the city of Brooklyn, which claims a legacy.
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Appeal from special term” Kings county. This action was brought by William Cole to obtain a construction of the will of Clarissa F. Prince, deceased, of whicli plaintiff and defendant Charles B. Frost are the executors. The other defendants are the heirs and next of kin of the deceased, except the defendant the Methodist Episcopal Hospital, in the city of Brooklyn, which claims a legacy. The will disposed of the entire property of the testatrix, and directed its distribution, after the payment of certain specific legacies, among her “heirs and next of kin as they may be entitled according to…
1Opinion of the CourtPratt, J.
The questions in this case are fully discussed in the opinion rendered at special term, in which we concur, with a single exception, to-wit, that part that holds that the legacy to the Seney Hospital is illegal and void. The hospital charter, which was granted in 1881, contains these words: “The said corporation are authorized to take by purchase, devise, bequest, or otherwise, and may hold, transfer, and convey for the purposes of said hospital, any real and personal property, so far forth as the same is in accordance with the general laws of this state;” and the question, therefore, is…
2Cases cited3 opinions
- Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
- Kerr v. . DoughertyNew York Court of Appeals · 1880
- Stephenson v. . ShortNew York Court of Appeals · 1883
3Cited by5 opinions
- In re LampsonAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Probate of the Last Will & Testament of LampsonNew York Surrogate's Court · 1897
- Pritchard v. KirschAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Judicial Settlement of HardyNew York Surrogate's Court · 1899
- Pritchard v. KirschAppellate Division of the Supreme Court of the State of New York · 1901