Ass'n for the relief of respectable, aged indigent Females v. Beekman
New York Supreme Court
THIS was a demurrer to a complaint. The facts, so far as they relate to the question presented by the demurrer, are as follows: William Barthrop, who resided at Kinderhook, in the county of Columbia, died in October, 1888, leaving an estate of the estimated value of $200,000. He left a will, by which he appointed David Van Schaick, Teunis Harden and John Bain, defendants in this action, his executors, and in case any of the persons named should decline to serve as such…
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THIS was a demurrer to a complaint. The facts, so far as they relate to the question presented by the demurrer, are as follows: William Barthrop, who resided at Kinderhook, in the county of Columbia, died in October, 1888, leaving an estate of the estimated value of $200,000. He left a will, by which he appointed David Van Schaick, Teunis Harden and John Bain, defendants in this action, his executors, and in case any of the persons named should decline to serve as such executors, then Abraham I. Yan Alstyne and John M. Pruyn, who are also defendants in this action, were appointed in their…
1Opinion of the CourtHarris, J.
A difficulty presents itself at the very threshold of this case, which I have found myself unable to surmount. It is as to the right of the plaintiff to sue at all. The object of the suit is to establish a trust for charitable uses and to have it executed. The theory of the complaint is, that the testator, by his will, devoted the bulk of his estate to charity, and that the trustees appointed by him for that purpose, and those to whom the administration of the estate has been committed, have failed to carry his intentions into effect. It is a general rule, that a suit to enforce a trust can…
2Cited by9 opinions
- Cadman Memorial Congregational Society v. KenyonAppellate Division of the Supreme Court of the State of New York · 1952
- In re the Estate of JamesNew York Surrogate's Court · 1953
- Sherman v. . SkuseNew York Court of Appeals · 1901
- Stearns v. the Newport HospitalSupreme Court of Rhode Island · 1905
- Beekman v. PeopleNew York Supreme Court · 1858
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