Livingston v. Gordon
New York Supreme Court
Trial by the court. This action was brought by William S. Livingston, Jr., and another, as executors, &c., against William Gordon, Frances Livingston, The St. Joseph’s Home, and The Society for the Belief of Destitute Blind, to construe a provision of the will of Ernest L. McCrackan.
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Trial by the court. This action was brought by William S. Livingston, Jr., and another, as executors, &c., against William Gordon, Frances Livingston, The St. Joseph’s Home, and The Society for the Belief of Destitute Blind, to construe a provision of the will of Ernest L. McCrackan. This will was dated October 11, 1875, and Mr. McCrackan died in February, 1878. The provision of the will referred to is as follows: “ I give and devise to my executors the sum of thirty-two thousand dollars, in trust, to invest the same and pay the interest thereof, semi-annually, to the New York Home for the…
1Opinion of the CourtVan Brunt, J.
It is evident that the “Society for the Relief of the Destitute Blind” in the city of New York was the institution referred to by the testator in his will.*
The contingency by which, according to the terms of the will, any other society could obtain any share or interest in the legacy in question, is stated to be “in'case the said society shall cease to exist, or maintain an institution suitable for the care of the blind, during the life of the said William Gordon.” That this contingency has ever happened is not contended by any of the parties to this action. It is only upon the happening of…
2Cases cited22 opinions
- Gilman v. . ReddingtonNew York Court of Appeals · 1861
- Schell v. . PlumbNew York Court of Appeals · 1874
- Stanton v. . MillerNew York Court of Appeals · 1874
- Craig v. CraigNew York Court of Chancery · 1848
- Merritt v. . SeamanNew York Court of Appeals · 1852
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