Riker v. . Leo
New York Court of Appeals
Appeal by defendant Sampson S. Leo from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 18,1888, which affirmed a judgment in favor of defendant, the Eorth American Belief Society, entered upon a decision of the court on trial at Special Term. This action was brought to obtain a judicial construction of the will of Sampson Simson, deceased. The material facts are stated in the opinion.
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Appeal by defendant Sampson S. Leo from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 18,1888, which affirmed a judgment in favor of defendant, the Eorth American Belief Society, entered upon a decision of the court on trial at Special Term. This action was brought to obtain a judicial construction of the will of Sampson Simson, deceased. The material facts are stated in the opinion. The Horth American Society does not meet the requirements of the will. (People ex rel. Blossom v. Nelson, 46 N. Y. 477 ; People of State of New…
1Opinion of the CourtGray, J.
In this action the plaintiff seeks to have it determined whether, under the will of the decedent, the defendant Leo, or the defendant “ The North American Belief Society for the Indigent Jews in Jerusalem, Palestine,” is entitled to the capital of a certain trust fund of $50,000.
It was claimed by each, and, thus far in the court below, the society has been successful. The testator left the fund in trust to Ms executors, to apply the income thereof to the support of a nephew- When he died the executors were directed to pay the same “ to any responsible corporation in this city, existing at the…
2Cases cited3 opinions
- Power v. . CassidyNew York Court of Appeals · 1880
- N.Y. Institution for the Blind v. . How's Ex'rs.New York Court of Appeals · 1854
- Vandyck v. Van BeurenNew York Supreme Court · 1803
3Cited by12 opinions
- People Ex Rel. New York Institution for the Blind v. FitchNew York Court of Appeals · 1897
- In re the Construction of the Will of FalveyAppellate Division of the Supreme Court of the State of New York · 1962
- Allen v. StevensNew York Supreme Court · 1897
- Wihnyk v. Second Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Construction of the Will of GellerNew York Surrogate's Court · 1952
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