Carpenter v. Historical Society
New York Surrogate's Court
By a codicil to the will of decedent, he bequeathed “ to the Historical Society of the County of Westchester, of which James Wood is now president, the sum of one hundred dollars, to be used and applied to procuring and placing a suitable monument, to mark the spot where the soldiers, during the Revolution, were buried, at or near St. Mark’s Church, in the town of Newcastle.” The Society was also made a contingent devisee.
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By a codicil to the will of decedent, he bequeathed “ to the Historical Society of the County of Westchester, of which James Wood is now president, the sum of one hundred dollars, to be used and applied to procuring and placing a suitable monument, to mark the spot where the soldiers, during the Revolution, were buried, at or near St. Mark’s Church, in the town of Newcastle.” The Society was also made a contingent devisee. Francis M. Carpenter, the executor, * propounded both will and codicil for probate. On the return of the citation, some of the heirs-at-law and next of kin filed objections…
1Opinion of the Court
The Surrogate.
The bequest of the $100 to the Historical Society was for a pious use, and, therefore, it is immaterial whether the Society is a legal corporation or not, as, without being incorporated, it was competent to take for such a purpose (Potter v. Chapin, 6 Paige, 639; De Witt v. Chandler, 11 Abb. Pr., 459; Owens v. Missionary Soc., 14 N. Y., 380). Hence, the Society has a right to intervene and become a party to the probate proceeding as a legatee named in the codicil. It is unnecessary, therefore, to determine now the question discussed as to whether it is incorporated so as to be…
2Cases cited3 opinions
- Owens v. . the Missionary Society of the M.E. ChurchNew York Court of Appeals · 1856
- Potter v. ChapinNew York Court of Chancery · 1837
- De Witt v. ChandlerNew York Supreme Court · 1860