Legal Opinion

In re the Settlement of Accounts of Wesley

New York Supreme Court

Decided January 22, 1892Published

Appeal by the heirs at law and next of kin of the deceased from a decree of the surrogate of Erie county settling the accounts of the executrix and directing a distribution of the estate in ■accordance with the provisions of the will.

1Opinion of the CourtDwight, P. J.

One objection was made by the contestants to all the provisions in question in the will of" the deceased, viz.: that they were repugnant to the statute of perpetuities, and the further objection was made to one of them, that the beneficiaries were not sufficiently ascertained or defined.. We are of opinion that none of the objections were well founded.

Six institutions are named in the will, in connection with as many devises or bequests, and the gift in each case is to the trustees (or managers) of one of such institutions, in trust, for a purpose named All are religious, charitable or…

2Cases cited7 opinions

  1. Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
  2. Wetmore v. . ParkerNew York Court of Appeals · 1873
  3. Bascom v. . AlbertsonNew York Court of Appeals · 1866
  4. Holmes v. . MeadNew York Court of Appeals · 1873
  5. N.Y. Institution for the Blind v. . How's Ex'rs.New York Court of Appeals · 1854

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