Legal Opinion

In re Kempf

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 1937PublishedCited by 10 opinions

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

  1. Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
  2. Robinson v. . MartinNew York Court of Appeals · 1910
  3. Taylor v. MasonSupreme Court of the United States · 1824
  4. Caw v. . RobertsonNew York Court of Appeals · 1851
  5. 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

  1. Kalina v. General Hospital of the City of SyracuseNew York Supreme Court · 1961
  2. Delaware Trust Co. v. FitzMauriceCourt of Chancery of Delaware · 1943
  3. US Bank of Portland v. SnodgrassOregon Supreme Court · 1954
  4. In re the Accounting of GreacenNew York Surrogate's Court · 1945
  5. In Re Estate of LaningSupreme Court of Pennsylvania · 1975

5 more not listed; retrieve them via the Exa API.

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