Legal Opinion

Cruikshank v. . Home for the Friendless

New York Court of Appeals

Decided April 16, 1889PublishedCited by 45 opinions

Gross-appeals from portions of judgment of the General Term of the Supreme Court in the first judicial department, .entered upon an order made May 9, 1887, which affirmed a judgment, entered upon a decision of the court on trial'at Special Term. This action was brought to obtain a judicial construction of the will, and a codicil thereto, of John F. Delaplaine, deceased.

Read the full summary

Gross-appeals from portions of judgment of the General Term of the Supreme Court in the first judicial department, .entered upon an order made May 9, 1887, which affirmed a judgment, entered upon a decision of the court on trial'at Special Term. This action was brought to obtain a judicial construction of the will, and a codicil thereto, of John F. Delaplaine, deceased. The testator died seized and possessed of a large amount of real and personal property, The will gave various devises and legacies, among them legacies to nine incorporated charitable institutions, named. The residuary clause…

1Opinion of the CourtFinch, J.

The testator devoted the bulk of his estate to charity. He carefully explained in his will that he left neither wife nor children; that his brother and sisters and nieces were already in comfortable, if not affluent, circumstances ; and so he felt at liberty, after some moderate gifts to them, to follow “ the impulses of his own heart ” and his “ sense of duty ” by devoting the rest of his property to the rescue and help of the unfortunate. Two of his nieces, Mrs. Schieffelin and Mrs. Beekman, accepted the disposition which he made, but his sister, Mrs. Chase, in her own right and as…

2Cases cited6 opinions

  1. Robert v. . CorningNew York Court of Appeals · 1882
  2. Lent v. . HowardNew York Court of Appeals · 1882
  3. Bascom v. . AlbertsonNew York Court of Appeals · 1866
  4. Shipman v. . RollinsNew York Court of Appeals · 1885
  5. Gilman v. . McArdleNew York Court of Appeals · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. Allen v. . StevensNew York Court of Appeals · 1899
  2. Oliver v. WellsNew York Court of Appeals · 1930
  3. Moffett v. . ElmendorfNew York Court of Appeals · 1897
  4. Albany Hospital v. . Albany Guardian SocietyNew York Court of Appeals · 1915
  5. Underwood v. . CurtisNew York Court of Appeals · 1891

40 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API