Draper v. President & Fellows of Harvard College

Martyn Payne, the testator, died in the city of New York, where he was domiciled, in November, 1877, seized and possessed of real and personal estate. He left him surviving neither father, mother, wife nor child.

By his last will and testament, dated on the 28th day of April, 1864, he gave, devised and bequeathed all his property, real and personal, with the exception of some legacies given to others, to the president and fellows of Harvard college, situated at Cambridge, in the state of Massachusetts, in their corporate capacity, and their successors in office forever, to be held in trust by…