In re the Judicial Settlement of the Administrators with the Will Annexed of the Estate of Daniels
New York Surrogate's Court
The thirty-first and thirty-second subdivisions of the will of the testatrix read as follows: “ I bequeath Fifteen Hundred Dollars to the First Methodist Episcopal Church of Hamilton in the Village of Earlville, in trust, to be kept invested and the income thereof to be applied in repairing its Church edifice and parsonage.
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The thirty-first and thirty-second subdivisions of the will of the testatrix read as follows: “ I bequeath Fifteen Hundred Dollars to the First Methodist Episcopal Church of Hamilton in the Village of Earlville, in trust, to be kept invested and the income thereof to be applied in repairing its Church edifice and parsonage. “I bequeath Six Hundred Dollars to the First Baptist Church of Sherburne, commonly known as the Earlville Baptist Church, in trust, to be kept invested and the income thereof to be applied in keeping the Church edifice and grounds in repair.” The questions presented for…
1Opinion of the Court
Smith, J. E., S.
The societies, legatees, were incorporated under chapter 60, Revised Laws of 1813, which law authorizes them to receive and hold real and personal property. Section 4 of the Act provides as follows: “ The trustees of every church, congregation or society herein above mentioned and their successors are hereby authorized and empowered to take into their possession and custody all the temporalities belonging to such church, congregation or society, whether the same consists of real or personal estate, and whether the same shall have been given, granted or devised directly to such…
2Cases cited8 opinions
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- Bird v. . MerkleeNew York Court of Appeals · 1895
- In Re the Judicial Settlement of the Accounts of SmithNew York Court of Appeals · 1892
- Adams v. . PerryNew York Court of Appeals · 1871
- Mott v. . RichtmyerNew York Court of Appeals · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re Crofoot's WillNew York Surrogate's Court · 1912