Legal Opinion

Carpenter v. Historical Society

New York Surrogate's Court

Decided September 15, 1883Published

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

  1. Owens v. . the Missionary Society of the M.E. ChurchNew York Court of Appeals · 1856
  2. Potter v. ChapinNew York Court of Chancery · 1837
  3. De Witt v. ChandlerNew York Supreme Court · 1860

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