Downing v. Marshall
New York Court of Appeals
The provisions of the will of Benjamin Marshall, and the facts material to the discussion, sufficiently appear in the opinion.
1Opinion of the CourtDavies, J.
But two questions have been seriously urged upon our consideration, on this appeal.
The first is, what property is embraced in the devise and bequests contained in the seventh clause of the testator’s will, thereby given to the children of his brothers James and Jeremiah. And the second, whether the trust created *5in the real estate of the testator by his will for the benefit of the appellants, The Marshall Infirmary, The Bible Society, The Home Missionary Society, and the Tract Society, are valid and can be sustained. We think the true construction of the seventh clause of the will is, that it…
2Cases cited10 opinions
- Bogardus v. Trinity ChurchNew York Court of Chancery · 1833
- Mowatt v. CarowNew York Court of Chancery · 1838
- Potter v. ChapinNew York Court of Chancery · 1837
- Yates v. YatesNew York Supreme Court · 1850
- Kane v. GottCourt for the Trial of Impeachments and Correction of Errors · 1840
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3Cited by4 opinions
- Clemens v. . ClemensNew York Court of Appeals · 1867
- Clemens v. ClemensNew York Court of Appeals · 1867
- De Camp v. DobbinsNew Jersey Court of Chancery · 1878
- Harris v. American Bible SocietyNew York Court of Appeals · 1867