Cottman v. . Grace
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 28, 1886, which reversed a judgment entered upon a decision of the court at Special Term and directing judgment as stated in the order. This action was brought to obtain a judicial construction of the will of Robert R. Mcllvaine, deceased. The provisions of the will, so far as they were brought in question, are as follows: “First.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 28, 1886, which reversed a judgment entered upon a decision of the court at Special Term and directing judgment as stated in the order. This action was brought to obtain a judicial construction of the will of Robert R. Mcllvaine, deceased. The provisions of the will, so far as they were brought in question, are as follows: “First. I give and bequeath my library, consisting of a collection of books, pamphlets, maps, documents, papers, and all things thereunto…
1Opinion of the CourtAndrews, J.
The scheme of the testator, as disclosed by his will, was to devote his entire estate, after payment of his debts, to the establishment and perpetual maintenance of a public library, to be known as “ The Mcllvaine Library.” ' This scheme he sought to accomplish by constituting trustees, in whom and their successors, indefinitely, all his property should presently or ultimately be vested in trust for the purpose speci-' fled. The testator, at his death, owned a library and other personal property and real estate in the states of Yew York and Ohio. By the first section of the will he gave his…
2Cases cited6 opinions
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Holland v. . AlcockNew York Court of Appeals · 1888
- Gilman v. . ReddingtonNew York Court of Appeals · 1861
- Van Nostrand v. . MooreNew York Court of Appeals · 1873
- Fisher v. . BantaNew York Court of Appeals · 1876
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3Cited by25 opinions
- Allen v. . StevensNew York Court of Appeals · 1899
- In re Estate of WalkerlyCalifornia Supreme Court · 1895
- Fairchild v. . Edson Edson v. . BartowNew York Court of Appeals · 1897
- Lyons v. BradleySupreme Court of Alabama · 1910
- Decker v. . VreelandNew York Court of Appeals · 1917
20 more not listed; retrieve them via the Exa API.