Harris v. American Bible Society
New York Court of Appeals
Ellen Harris brought this action against Jeremiah Slaght and others, the executors of Folkerd C. Sebring and his widow, and the American Bible Society, and three other corporations, asking that a partition of certain lands be made, the construction of a will, determined, and for general relief.
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Ellen Harris brought this action against Jeremiah Slaght and others, the executors of Folkerd C. Sebring and his widow, and the American Bible Society, and three other corporations, asking that a partition of certain lands be made, the construction of a will, determined, and for general relief. The facts material to the questions in this court were these: Cornelius Sebring died before the enactment of the Revised Statutes, which dispensed with the necessity of words of inheritance to pass a fee. He left two sons and four daughters, and his will contained the following provision: “ I give and…
1Opinion of the CourtFullerton, J.
[The remarks of the learned judge on the effect of the devise to Folkherd in the will of Cornelius, we omit, as the court did not concur in them.]
2. The beneficiaries contemplated by the third clause of Folkherd C. Sebring’s will are plainly therein designated as four “ societies.’’ The ultimate and real beneficiary, under the direction to pay over to “ the Trustees of the Presbyterian House,” is not that corporate entity, nor the individual persons composing it, but some " society.”
By turning to the Pennsylvania statute referred to by the will, and reading it as if incorporated with the will…
2Cases cited3 opinions
- Harris v. SlaghtNew York Supreme Court · 1866
- Vanderzee v. . VanderzeeNew York Court of Appeals · 1867
- Downing v. MarshallNew York Court of Appeals · 1861
3Cited by5 opinions
- Betts v. BettsNew York Supreme Court · 1878
- In re the Judicial Settlement of the Accounts of StilsonAppellate Division of the Supreme Court of the State of New York · 1903
- Fisher v. ListerNew York Supreme Court · 1927
- In re the Judicial Settlement of the Estate of EldredgeNew York Surrogate's Court · 1907
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897