Legal Opinion
In re the Estate of Walter
New York Surrogate's Court
Decided April 8, 1933PublishedCited by 36 opinions
1Opinion of the Court
Foley, S.
I hold that the bequest to the St. Marks Hospital of an aliquot portion of the residuary estate was ineffectual. Prior to the death of the testatrix the institution filed a voluntary petition in bankruptcy and was adjudicated a bankrupt. Its properties were taken over by a trustee in bankruptcy. The mortgage upon the building formerly occupied by the institution is now the subject of a foreclosure proceeding. The corporation discontinued the conduct and operation of its hospital and clinic and has entirely ceased to function. It is not necessary that the corporation be judicially…
2Cases cited17 opinions
- Wright v. . WrightNew York Court of Appeals · 1919
- Sherman v. Richmond Hose Co. No. 2New York Court of Appeals · 1921
- Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
- In Re the Accounting of ClaytonNew York Court of Appeals · 1927
- Petrogradsky Mejdunarodny Kommerchesky Bank v. National City BankNew York Court of Appeals · 1930
12 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Presbyterian Theological Seminary v. HarringtonNebraska Supreme Court · 1949
- In re the Construction of the Will of LawlessNew York Surrogate's Court · 1949
- In Re Estate of DaleyCourt of Appeals of Arizona · 1967
- In re the Accounting of MorseNew York Surrogate's Court · 1955
- In re the Estate of BowneNew York Surrogate's Court · 1958
31 more not listed; retrieve them via the Exa API.