Harris v. . Clark
New York Court of Appeals
* 243 1 Appeal from the general term of the Supreme -* Court, in the sixth district, where a decretal order declaring void the will of Sidney Smith, deceased, had been affirmed, and a final 'decree entered in accordance therewith.
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* 243 1 Appeal from the general term of the Supreme -* Court, in the sixth district, where a decretal order declaring void the will of Sidney Smith, deceased, had been affirmed, and a final 'decree entered in accordance therewith. This was a bill in equity, filed in the late court of chancery, by Nancy Harris, one of the heirs-at-law and next of kin of Sidney Smith, deceased, against the executors, and others, praying that the will of the decedent might be declared void; that it might be decreed that the real estate descended to his heirs-at-law, and that the personal estate might be…
1Opinion of the Court
*G-ardiner, J.
The testator has devised and bequeathed all his real and personal property to his executors, in trust for the “ uses and purposes and upon the trusts” declared in his will. The first question will be, whether the trusts thus created, viewed as trusts of personal estate, which is the claim of the defendants, are valid.
It is manifest, that a leading object with the testator in creating the first trust of $30,000, was, that his property might accumulate for an indefinite period, for the benefit of unascertained persons. The trustees, from the income of the fund, are directed to pay…
2Cited by14 opinions
- Hetzel v. . BarberNew York Court of Appeals · 1877
- In the Matter of Will of FoxNew York Court of Appeals · 1873
- Hobson v. . HaleNew York Court of Appeals · 1884
- Hayden v. SugdenNew York Supreme Court · 1905
- Smith v. CampbellNew York Supreme Court · 1894
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