Van Nostrand v. Board of Domestic Missions of the Reformed Church in America
New Jersey Court of Chancery
On final hearing. This bill is filed to get a construction of the residuary clause in the will of Josiah Sehenck. This clause is as follows: “All the rest, residue and remainder of my estate I give and bequeath to the Domestic Missionary Society, to invest the said amount, whatever it may be, in government bonds, and the interest accruing thereon to appropriate to the use of said society.”
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On final hearing. This bill is filed to get a construction of the residuary clause in the will of Josiah Sehenck. This clause is as follows: “All the rest, residue and remainder of my estate I give and bequeath to the Domestic Missionary Society, to invest the said amount, whatever it may be, in government bonds, and the interest accruing thereon to appropriate to the use of said society.” This residue is claimed by the Board of Domestic Missions of the Reformed Church in America. The extrinsic evidence in the case is that the testator was a devoted member of the Reformed Church; that he was…
1Opinion of the Court
Reed, V. C.
A gift to a corporation by a misnomer is good, especially if for a charitable purpose. 2 Perry Trusts 730. In Wilson v. Squire, 1 Younge & C. 654, there was a bequest to the London Orphan Society in the city road. There was no society answering precisely this description, but there was- a London Orphan Asylum, at Clapton, and an Orphan "Working School in the city road. It was held that the legacy went to the latter.
In Mount et al. v. Boston Asylum and Farm School et al., *217 Metc. 416, there was a gift to the Boys’ Asylum and Farm School. There was no association of a similar name…
2Cited by11 opinions
- Paul v. PaulNew Jersey Court of Chancery · 1926
- Klein v. FraserMontana Supreme Court · 1907
- Caldwell National Bank v. RickardNew Jersey Court of Chancery · 1928
- In Re PfizerNew Jersey Superior Court Appellate Division · 1954
- Board of Home Missions, C. v. SaltmerNew Jersey Court of Chancery · 1939
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