Butterworth v. . Keeler
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 19, 1915, which affirmed a judgment judicially construing the will of Cornelia Storrs, deceased, entered upon the report of a referee. The facts, so far as material, are stated in the opinion. The attempted disposition in trust of one-half of the residuary estate to establish a school for girls was not for a public or charitable purpose and is invalid.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 19, 1915, which affirmed a judgment judicially construing the will of Cornelia Storrs, deceased, entered upon the report of a referee. The facts, so far as material, are stated in the opinion. The attempted disposition in trust of one-half of the residuary estate to establish a school for girls was not for a public or charitable purpose and is invalid. (Matter of Davis, 77 Misc. Rep. 72; Matter of Shattuck, 193 N. Y. 446; Atty.-Gen. v. Soule, 28 Mich. 153; Robertson v.…
1Opinion of the CourtOardozo, J.
This action is brought to construe the will of Cornelia Storrs, who died in April, 1912. She directed that her residuary estate be divided into two parts. One of these parts she gave to the New York Skin and Cancer Hospital. The other she gave to her executors ‘f George F. Butterworth and Henry J. Storrs, in trust, nevertheless, to be used and devoted by them to the establishment of a school for girls in the town of North Salem, Westchester County, New York.” The question is whether this latter gift is a valid' charitable trust.
That it is valid if it is charitable, is not disputed (Matter of…
2Cases cited13 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Russell v. AllenSupreme Court of the United States · 1883
- In Re the Probate of the Will of MacDowellNew York Court of Appeals · 1916
- Parks v. Northwestern UniversityIllinois Supreme Court · 1905
- Perin Ex Rel. Perin v. CareySupreme Court of the United States · 1861
8 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- In Re the Accounting of ClaytonNew York Court of Appeals · 1927
- In Re Proving the Will of FraschNew York Court of Appeals · 1927
- Noice v. SchnellSupreme Court of New Jersey · 1927
- Hamburger v. Cornell UniversityNew York Court of Appeals · 1925
- In Re the Estate of WilsonNew York Court of Appeals · 1983
51 more not listed; retrieve them via the Exa API.