Legal Opinion

Sheldon v. Chappell

New York Supreme Court

Decided January 15, 1888Published

Appeal from a judgment of tbe Livingston Special Term, entered in favor of tbe Board of Foreign Missions of tbe Presbyterian Cburcb of tbe United States of America, as testamentary trustees for the Woman’s Foreign Missionary Society of the Presbyterian Church, in Philadelphia, Pennsylvania.

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Appeal from a judgment of tbe Livingston Special Term, entered in favor of tbe Board of Foreign Missions of tbe Presbyterian Cburcb of tbe United States of America, as testamentary trustees for the Woman’s Foreign Missionary Society of the Presbyterian Church, in Philadelphia, Pennsylvania. This action was brought for the purpose of seeming a judicial construction of the last will and testament of Proctor Tong, late of Livingston county, who died on the 26th day of August, 1881, and whose last will and testament was admitted to probate by the surrogate of that county before the commencement…

1Opinion of the Court

Barker, J.:

In sustaining the trust in question, the justice presiding at Special Term gave his reasons in support of his conclusion, in an opinion, of which the following is a copy: “ The two institutions named as trustee and cestui, que trust, respectively, are incorporated, the former under the laws of the State of New York, the latter under those of Pennsylvania; the former for the purpose of establishing and conducting Christian missions among the unevangelized or pagan nations, and the general diffusion of Christianity, the latter for the purpose of aiding the former by promoting its…

2Cases cited7 opinions

  1. Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
  2. Bascom v. . AlbertsonNew York Court of Appeals · 1866
  3. Adams v. AdamsSupreme Court of the United States · 1874
  4. King v. DonnellyNew York Court of Chancery · 1835
  5. In re HoweNew York Court of Chancery · 1828

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