Kernochan v. Farmers' Loan & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Board of Foreign Missions of the Methodist Episcopal Church, from so much of a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of New York on the 14th day of June, 1918, as adjudges that the bequest and gift in clause 5 of the will of Edward M. Knox, deceased, of $10,000 “ to the Charles Knox Memorial (Methodist) Church, in Manila, Philippine Islands,” is invalid, and from other parts of the…
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Appeal by the defendant, Board of Foreign Missions of the Methodist Episcopal Church, from so much of a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of New York on the 14th day of June, 1918, as adjudges that the bequest and gift in clause 5 of the will of Edward M. Knox, deceased, of $10,000 “ to the Charles Knox Memorial (Methodist) Church, in Manila, Philippine Islands,” is invalid, and from other parts of the judgment. The judgment was rendered upon the decision of the court after a trial at the New York Special Term.
1Opinion of the Court
Laughlin, J.:
This is an action by the executor of the will of Edward M. Knox for the judicial settlement óf his accounts involving a construction of the will.
The legatee is not a corporation and there is no church or religious body at Manila known by that name. The appellant is a New York religious corporation, organized for and conducting religious and charitable work in various parts of the world. It has charge and financial oversight and administrative responsibility for a number of religious and educational undertakings in the Philippine Islands which it assists through a finance…
2Cases cited6 opinions
- Lefevre v. . LefevreNew York Court of Appeals · 1875
- St. Luke's Home v. . Ass'n for Indigent FemalesNew York Court of Appeals · 1873
- In re Estate of IsbellAppellate Division of the Supreme Court of the State of New York · 1896
- In re WheelerAppellate Division of the Supreme Court of the State of New York · 1898
- Leonard v. DavenportNew York Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- In re the Estate of WinburnNew York Surrogate's Court · 1931
- Prudential Insurance Co. of America v. New York Guild for the Jewish BlindAppellate Division of the Supreme Court of the State of New York · 1937
- In re the Estate of PattersonNew York Surrogate's Court · 1931
- Hutton v. St. Paul Brotherhood of the People's ChurchCourt of Chancery of Delaware · 1935
- In Re PfizerNew Jersey Superior Court Appellate Division · 1954
42 more not listed; retrieve them via the Exa API.