Legal Opinion

People v. Powers

New York Supreme Court

Decided May 15, 1894PublishedCited by 6 opinions

Action to enforce a trust for charitable uses. Demurrer by defendant Powers to the complaint.

1Opinion of the CourtRumsey, J.

The second ground of demurrer is clearly not well taken for several reasons. It does not appear upon the *629face of the complaint that there are any other charitable and benevolent institutions or corporations in the city of Rochester other than those made parties. If there were, it does not appear that the demurring defendant is prejudiced by the nonjoinder. Anderton v. Wolf, 41 Hun, 571.

The plaintiffs are the People of the state suing through the attorney-general.

The complaint says that one Martha Dunlap, a resident of Rochester, died there on the 15th day of May, 1882, leaving a large estate,…

2Cases cited15 opinions

  1. Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
  2. Matter of Will of O'HaraNew York Court of Appeals · 1884
  3. Read v. . WilliamsNew York Court of Appeals · 1891
  4. Power v. . CassidyNew York Court of Appeals · 1880
  5. People v. . BoothNew York Court of Appeals · 1865

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3Cited by6 opinions

  1. Matter of Estate of BolingerMontana Supreme Court · 1997
  2. Grace v. CarrollDistrict Court, S.D. New York · 1963
  3. Allen v. StevensAppellate Division of the Supreme Court of the State of New York · 1898
  4. In re the Construction of the Last Will & Testament & Codicil Thereto of AllenNew York Surrogate's Court · 1920
  5. Matter of Estate of BolingerMontana Supreme Court · 1997

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