Trustees of the Sailors' Snug Harbor v. Carmody
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, The Trustees of the Sailors’ Snug Harbor in the City of New York, and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 2d day of October, 1912, sustaining a demurrer to the complaint, and dismissing the same upon the ground that it fails to state facts sufficient to constitute a cause of action.
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Appeal by the plaintiffs, The Trustees of the Sailors’ Snug Harbor in the City of New York, and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 2d day of October, 1912, sustaining a demurrer to the complaint, and dismissing the same upon the ground that it fails to state facts sufficient to constitute a cause of action. By this action the plaintiffs seek authority either to sell or to mortgage a portion of the real estate devised by the will of Robert R. Randall, deceased; also for instructions as to…
1Opinion of the Court
Hotchkiss, J.:
The plaintiffs invoke the equitable jurisdiction of the court to the end that the laudable purposes of the testator may be perpetuated in as generous a measure as a wise and practical administration of the estate may afford, and that these purposes be not defeated by conditions unforeseen and unforeseeable when the will was executed. In brief, the plaintiffs contend that the residuary clause of the will was a devise to a charitable use; that a charitable use was affixed by the will upon the land; that upon the grant of the charter of 1806 to the trustees, the corporation thus…
2Cases cited21 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Ould v. Washington Hospital for FoundlingsSupreme Court of the United States · 1877
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Russell v. AllenSupreme Court of the United States · 1883
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
16 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Holt v. College of Osteopathic Physicians & SurgeonsCalifornia Supreme Court · 1964
- In re Richmond County Society for the Prevention of Cruelty to ChildrenAppellate Division of the Supreme Court of the State of New York · 1960
- Lefkowitz v. LebensfeldAppellate Division of the Supreme Court of the State of New York · 1979
- Cadman Memorial Congregational Society v. KenyonAppellate Division of the Supreme Court of the State of New York · 1952
- Israel v. National Board of Young Men's Christian Ass'nSupreme Court of Rhode Island · 1977
14 more not listed; retrieve them via the Exa API.