St. John v. Andrews Institute for Girls
New York Court of Appeals
Appeal from a judgment of the Appellate Division of 'Supreme Court in the first judicial department, entered April 12, 1907, which affirmed a judgment of Special Term construing the will of Wallace C. Andrews) deceased. The facts, so far as material,, are stated in the opinion. The bequest to the corporation was to take effect upon the death of Mrs. Andrews. When Mrs. Andrews died there was no corporation in existence. The gift, therefore, fails.
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Appeal from a judgment of the Appellate Division of 'Supreme Court in the first judicial department, entered April 12, 1907, which affirmed a judgment of Special Term construing the will of Wallace C. Andrews) deceased. The facts, so far as material,, are stated in the opinion. The bequest to the corporation was to take effect upon the death of Mrs. Andrews. When Mrs. Andrews died there was no corporation in existence. The gift, therefore, fails. (Doe v. Nowell, 1 M. & S. 327; Moore v. Lyon, 25 Wend. 144; Mapes v. Society, 33 Hun, 362; Burrill v. Boardman, 44 N. Y. 258; People v. Simonson,…
1Opinion of the CourtChase, J.
Wallace C. Andrews made his will Hovember 12, 1891. He died April 7th, 1899, a resident of the county and state of Hew York, where his will was duly probated on the 22nd day of May, 1899, and letters testamentary were thereupon issued to the plaintiff. This action is brought to procure a construction of said will and to have the rights of the parties thereunder declared. The judgment rendered herein at the Special Term has been unanimously affirmed by the Appellate Division, and there is no contention in this court about the facts as found at the Special Term.
The testator by his will gives…
2Cases cited42 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Tilden v. . GreenNew York Court of Appeals · 1891
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
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3Cited by82 opinions
- In Re the Probate of the Will ShattuckNew York Court of Appeals · 1908
- In Re the Will of FowlesNew York Court of Appeals · 1918
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
- Matter of KohlerNew York Court of Appeals · 1921
- In Re the Accounting of Brooklyn Trust Co.New York Court of Appeals · 1925
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