Fralick v. Lyford
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Fred E. Lyfordand another, as executors, etc., of James R. Park, late of the village of Waverly, Tioga county, In ew York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office Qf the clerk of the - county of Tioga on the 24th day of December, 1904, upon the decision of the court rendered after a trial at the Tioga Trial Term, a jury having been waived.
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Appeal by the defendants, Fred E. Lyfordand another, as executors, etc., of James R. Park, late of the village of Waverly, Tioga county, In ew York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office Qf the clerk of the - county of Tioga on the 24th day of December, 1904, upon the decision of the court rendered after a trial at the Tioga Trial Term, a jury having been waived. Under a codicil to the will of the -testator, James R. Park, he •bequeathed $5,000 to “ the Progressive Spiritual Society of Waverly, R. Y., to be used by the said society in such…
1Opinion of the Court
Chester, J.:
The respondent- seeks to sustain the judgment appealed from by invoking thé aid of chapter 701 of the Laws of 1893, but in my opinion that law does not apply to the facts shown here, for the reasons that the bequest appears on its face' to be an absolute one, and 'no trust is attempted to be created by the provision in question. The trial court has, however, found that a trust was created as to the legacy, and that the association of which the plaintiff is president has full legal power to take and hold the same either absolutely or in trust, and has, therefore, awarded the…
2Cases cited5 opinions
- White v. . HowardNew York Court of Appeals · 1871
- Fairchild v. . Edson Edson v. . BartowNew York Court of Appeals · 1897
- In Re Proving the Last Will & Testament of GriffinNew York Court of Appeals · 1901
- Sherwood v. American Bible SocietyNew York Court of Appeals · 1864
- In re the Estate of FitzsimmonsNew York Surrogate's Court · 1899
3Cited by37 opinions
- Ely v. . MegieNew York Court of Appeals · 1916
- In re the Estate of WalterNew York Surrogate's Court · 1933
- Manley v. FiskeAppellate Division of the Supreme Court of the State of New York · 1910
- In re the Estate of WinburnNew York Surrogate's Court · 1931
- Ely v. ElyAppellate Division of the Supreme Court of the State of New York · 1914
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