Williams v. . Williams
New York Court of Appeals
The plaintiffs, residuary legatees under the will of Nathaniel Potter, late of Huntington, in Suffolk county, filed their bill in the late court of chancery to obtain the judgment of the court against the validity of two legacies; one in favor of the Presbyterian church and congregation of the village of Huntington, and the other in favor of trustees of a fund for the gratuitous education of certain poor childreny The will was executed on the 9th day of November, 1841, and…
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The plaintiffs, residuary legatees under the will of Nathaniel Potter, late of Huntington, in Suffolk county, filed their bill in the late court of chancery to obtain the judgment of the court against the validity of two legacies; one in favor of the Presbyterian church and congregation of the village of Huntington, and the other in favor of trustees of a fund for the gratuitous education of certain poor childreny The will was executed on the 9th day of November, 1841, and the testator died on the 24th day of the same month. After giving to two nephews and a niece certain real and personal…
1Opinion of the CourtDenio, J.
Both legacies are of personal property only; and both are therefore unembarrassed by some of the difficulties which might attend such dispositions of real estate. As to the legacy to the religious corporation: At common law a corporation could always take a bequest .of such personal property as it could lawfully acquire by any other mode of purchase. (Angel & Ames on Corp. p. 111, § 6; in the matter of Howe, 1 Paige, 214; McCarty v. Orphan Asylum Soc., 9 Cow. 437.) Religious corporations, under the general statute, are authorized to purchase and hold real and personal estate to a limited…
2Cases cited13 opinions
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
- Bogardus v. Trinity ChurchNew York Court of Chancery · 1833
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3Cited by109 opinions
- Estate of HinckleyCalifornia Supreme Court · 1881
- Allen v. . StevensNew York Court of Appeals · 1899
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Holland v. . AlcockNew York Court of Appeals · 1888
- In Re the Probate of the Will of MacDowellNew York Court of Appeals · 1916
104 more not listed; retrieve them via the Exa API.