Bird v. . Merklee
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made at the January term, 1894, which reversed a judgment construing the will of George F. Merklee, deceased, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made at the January term, 1894, which reversed a judgment construing the will of George F. Merklee, deceased, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Church corporations are empowered to acquire real and personal property for the use of the church, congregation or society, or other pious uses ; and they are specially authorized to employ such property for the relief of…
1Opinion of the CourtBartlett, J.
This is an action to construe item 20 in the last will and testament of George F. Merklee, deceased, which reads as follows:
“ Item 20.— If after all the legacies are paid in full there ■should be anything left of my estate, the same to be divided and paid to the Methodist Episcopal Churches, in the Hinth ward of the city of Hew York, according to the number of members, to buy coal for the-poor of said churches.”
The General Term of the first department reversed the judgment of the Special Term adjudging this to be a valid bequest to the churches named, and held that a trust was sought to be…
2Cases cited4 opinions
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Holland v. . AlcockNew York Court of Appeals · 1888
- Fosdick v. . Town of HempsteadNew York Court of Appeals · 1891
3Cited by69 opinions
- In Re the Estate of HayesNew York Court of Appeals · 1934
- St. Joseph's Hospital v. BennettNew York Court of Appeals · 1939
- Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
- Decker v. . VreelandNew York Court of Appeals · 1917
- In Re the Accounting of DurandNew York Court of Appeals · 1909
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