Yates v. Yates
New York Supreme Court
In Equity. The bill in this cause was filed for the construction of a will. John B. Yates died in July, 1836, leaving real afid personal property.
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In Equity. The bill in this cause was filed for the construction of a will. John B. Yates died in July, 1836, leaving real afid personal property. His will, made in November, 1834, and which was duly admitted to probate in the county of Madison, was as follows, (omitting such parts as do not affect the controversy between the parties:) “I give, devise and bequeath all my estate, real and personal, of whatsoever description the same may be at the time of my death, to my beloved wife Mary Elizabeth, my nephew Charles Yates, my friends William K. Fuller and George IC. Fuller, as joint tenants…
1Opinion of the Court
By the Court, Wright, J.
The intent.of the testator, manifested by his will, was, after the payment of debts and legacies, to appropriate the remainder of Ms large estate, real and personal, to the endowment and support of a school embracing literary instruction, combined with the pursuits of real life of every practical descriptionthe institution to be called the Polytechny, and to be formed upon the plan, as near as might be, laid down in a memorial presented by him to the legislature of the state of New-York, and the report of a committee and draft of a law founded thereon, during the…
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