Legal Opinion

Carter v. Board of Education of Presbyterian Church of United States

New York Supreme Court

Decided April 14, 1893PublishedCited by 2 opinions

Appeal from special term, New York county. "Action by Walter Carter, as executor,- etc., of John Spaulding, against the Board of Education of the Presbyterian Church of the United States of America and others; legatees, and Abel Spaulding and others, next of kin, for the construction of the will of plaintiff’s testator. From a judgment holding certain legacies void, some of the defendants, legatees under the will, appeal. Modified.

1Opinion of the CourtO’BRIEhT, J.

John Spaulding, the testator, executed Ms will March 21, 1889. He died March 30, 1889. He left surviving him no issue or widow, father, or mother, tint did leave certain next of Mn and heirs at law, brothers and sisters, nephews and nieces, all parties to this action. At the time of his death he was seised and possessed of real and personal property situate within this state to the value of $45,000. By his wül he directed Ms executors to convert his estate into money as soon as convenient, and to pay and dispose of the proceeds as directed: Board of Home Missions, *98$3,000. There is no…

2Cases cited7 opinions

  1. Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
  2. Kerr v. . DoughertyNew York Court of Appeals · 1880
  3. Matter of Accounting of BensonNew York Court of Appeals · 1884
  4. Riker v. . CornwellNew York Court of Appeals · 1889
  5. Lamb v. . LambNew York Court of Appeals · 1892

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3Cited by2 opinions

  1. Kelley v. WinslowNew York Supreme Court · 1911
  2. In re Estate of Jones, Superior Court of California, County of San Francisco1904

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