Lougheed v. Dykeman's Baptist Church
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made at the December term, 1890, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The plaintiff appeals from a judgment of the General Term of the Supreme Court, affirming a judgment of the Special Term, which dismissed her complaint upon the merits.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made at the December term, 1890, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The plaintiff appeals from a judgment of the General Term of the Supreme Court, affirming a judgment of the Special Term, which dismissed her complaint upon the merits. The action was brought to partition certain real estate in Putnam county among the heirs of one Amos Dykeman, who died April 17, 1882. The plaintiff alleged in her…
1Opinion of the CourtPeckham, J.
The plaintiff maintains that the devise to the Baptist Church, as set forth in the second clause of the will of Dykeman, deceased, is void, because the testator, by the language used in the will, intended to vest in the above-mentioned church immediately upon his death, that portion of the real estate mentioned by him and of which he died seized, subject to the life estate of his wife, and that as the church was at the time of the death of the testator an unincorporated organization and unable to take property by devise, the devise itself was void and the property descended to the heirs at…
2Cases cited2 opinions
- Burrill v. . BoardmanNew York Court of Appeals · 1871
- Leonard v. . BurrNew York Court of Appeals · 1858
3Cited by9 opinions
- Looram v. LooramNew York Court of Appeals · 1936
- Kroth v. Congregation Chebra Ukadisha Bnai Israel MikalwarieNew York Supreme Court · 1980
- Wait v. Society for Political Study of New York CityNew York Supreme Court · 1910
- In re the Judicial Settlement of the Accounts of CollierNew York Surrogate's Court · 1916
- Connor v. SheridanWisconsin Supreme Court · 1903
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