Sherwood v. American Bible Society
New York Court of Appeals
Appeal from judgment of Supreme Court. Action for construction of will. On the 25th December, 1858, Ann P. Sherwood, who owned personal estate of the value of $18,000, and real estate of the value of $4,500, died, leaving a will executed some nine days before her decease. This instrument contained the following bequests: “ Second. I give and bequeath unto the American Bible Society the sum of two thousand dollars. “ Third.
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Appeal from judgment of Supreme Court. Action for construction of will. On the 25th December, 1858, Ann P. Sherwood, who owned personal estate of the value of $18,000, and real estate of the value of $4,500, died, leaving a will executed some nine days before her decease. This instrument contained the following bequests: “ Second. I give and bequeath unto the American Bible Society the sum of two thousand dollars. “ Third. I give to the American Tract Society two thousand dollars. “ Fourth. I give and bequeath unto the Arcot Mission of the Reformed Dutch Church the sum of three thousand…
1Opinion of the CourtWright, J.
It will be convenient to examine in order the validity of the bequests; first, to our own corporation; second, to the foreign corporation; and third, to the voluntary association, styled in the will, the “ Arcot Mission of the Reformed Dutch Church.”
1. In respect to the bequests to the Bible and Tract Societies : These societies were, in 1841, created by the legislature bodies corporate, and invested with the general and incidental powers and attributes ¿f a corporation aggregate at common law. The purposes for which they were! formed were specified; a limitation set upon the -amount of…
2Cases cited3 opinions
- Downing v. . MarshallNew York Court of Appeals · 1861
- Mc'Cartee v. Orphan Asylum SocietyCourt for the Trial of Impeachments and Correction of Errors · 1827
- In re HoweNew York Court of Chancery · 1828
3Cited by25 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- White v. . HowardNew York Court of Appeals · 1871
- In Re the Probate of the Will ShattuckNew York Court of Appeals · 1908
- Fralick v. LyfordAppellate Division of the Supreme Court of the State of New York · 1905
- Fellows v. MinerMassachusetts Supreme Judicial Court · 1876
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