In re Kempf
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLewis, J.
This proceeding to compel the payment of a legacy involves a bequest burdened with the condition that the beneficiary “ shall be brought up and educated in the faith of and according to the Roman Catholic Religion.”
We are to consider cross-appeals. The beneficiary, as petitioner, appeals on the facts from that portion of a surrogate’s decree which determines that, according to the weight of evidence, the condition which the testator annexed to the bequest has not been fulfilled. The executor and a single legatee appeal upon the law from that portion of the decree which rules that the…
2Cases cited9 opinions
- Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
- Robinson v. . MartinNew York Court of Appeals · 1910
- Taylor v. MasonSupreme Court of the United States · 1824
- Caw v. . RobertsonNew York Court of Appeals · 1851
- In Re Proving the Will of SeamanNew York Court of Appeals · 1916
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kalina v. General Hospital of the City of SyracuseNew York Supreme Court · 1961
- Delaware Trust Co. v. FitzMauriceCourt of Chancery of Delaware · 1943
- US Bank of Portland v. SnodgrassOregon Supreme Court · 1954
- In re the Accounting of GreacenNew York Surrogate's Court · 1945
- In Re Estate of LaningSupreme Court of Pennsylvania · 1975
5 more not listed; retrieve them via the Exa API.