In re Nixon
Appellate Division of the Supreme Court of the State of New York
1Per curiam
We are of opinion that under the cy-pres power conferred upon the surrogate by section 12, subdivision 2, of the Personal Property Law he had authority to modify the terms upon which the bequest to the Metropolitan Museum of Art was made when it appeared that compliance therewith had become “ impracticable or impossible ” of literal fulfilment. (Matter of Judd, 242 App. Div. 389; affd., 270 N. Y. 516; Matter of Swan [St. John’s Church of Mt. Morris, N. Y.], 237 App. Div. 454; affd., 263 N. Y. 638; compare, also, Matter of Harrington, 243 App. Div. 235.) The cy-pres doctrine has been held to…
2Cases cited6 opinions
- Sherman v. Richmond Hose Co. No. 2New York Court of Appeals · 1921
- In re St. John's Church of Mt. MorrisAppellate Division of the Supreme Court of the State of New York · 1933
- Matter of St. John's Church of Mt. MorrisNew York Court of Appeals · 1934
- In re the Estate of HarringtonAppellate Division of the Supreme Court of the State of New York · 1935
- In re the Judicial Settlement of the Account of Proceedings of the Fifth Avenue BankAppellate Division of the Supreme Court of the State of New York · 1934
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3Cited by23 opinions
- In Re the Will of NeherNew York Court of Appeals · 1939
- City Bank Farmers Trust Co. v. ArnoldNew York Court of Appeals · 1940
- In re the Construction of the Will of LawlessNew York Surrogate's Court · 1949
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1960
- In re the Accounting of MorseNew York Surrogate's Court · 1955
18 more not listed; retrieve them via the Exa API.