Butterworth v. Keeler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William H. Keeler and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 20th day of January, 1915, upon the decision of a referee appointed to hear and determine.
1Opinion of the Court
Judgment affirmed, with costs, on the opinion of the referee.
Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ.
The following is the opinion of the referee:
Edward E. Sprague, Referee:
The decedent by her will gave one-half of her residuary estate to her executors, “in trust, nevertheless, to be used and devoted by them to the establishment of a school for girls in the town of North Salem.” The amount of this gift appears to be approximately $75,000. The only serious question in the case is concerned with the validity of this gift.
The gift is undoubtedly invalid unless governed…
2Cases cited8 opinions
- In Re the Probate of the Will ShattuckNew York Court of Appeals · 1908
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
- Manley v. FiskeAppellate Division of the Supreme Court of the State of New York · 1910
- Manley v. . FiskeNew York Court of Appeals · 1911
- Attorney General v. SouleMichigan Supreme Court · 1873
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3Cited by1 opinion
- In re the Probate & Construction of the Last Will & Testament of SayreAppellate Division of the Supreme Court of the State of New York · 1917