Stephenson v. Ontario Orphan Asylum
New York Supreme Court
Appeal from tbe decree of tbe surrogate of Ontario county, judicially settling tbe accounts of tbe executors, and construing tbeir testator’s will and directing a distribution of tbe funds in tbe bands of tbe executors. Tbe testator left about $9,000. He made a will two days before bis death.
1Opinion of the Court
HARDIN, J.:
Principally upon the construction of section 6 of chapter 319 of the Laws of 1848, depends tbe right of tbe Ontario Orphan Asylum to uphold tbe decree awarding it tbe legacy for $1,090, given in tbe ninth clause of the testator’s will.
First. Tbe asylum was incorporated under that act, on tbe 22d day of J uly, 1863.
Second. Being incorporated under that act, chapter 360 of the Laws of 1860 does not, as to it, sepersede or repeal section 6 of tbe act of 1848. (3 R. S. [7th ed.], 2288; Lefevre v. Lefevre, 59 N. Y., 443; Kerr v. Dougherty, 79 id., 328; Beehman v. The People, 27 Barb.,…
2Cases cited5 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Kerr v. . DoughertyNew York Court of Appeals · 1880
- Betts v. BettsNew York Supreme Court · 1878
- Beekman v. PeopleNew York Supreme Court · 1858
- Lawrence v. ElliottNew York Surrogate's Court · 1878