In re Crane
Appellate Division of the Supreme Court of the State of New York
Appeal by Edith H. Simmons, contestant and only child and heir at law of Angelina Crane, deceased, from a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on, the 28th day of July, 1896, admitting to probate the will of her mother, Angelina Crane, and construing certain provisions thereof.
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Appeal by Edith H. Simmons, contestant and only child and heir at law of Angelina Crane, deceased, from a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on, the 28th day of July, 1896, admitting to probate the will of her mother, Angelina Crane, and construing certain provisions thereof. The will reads as follows: “ I, Angelina Crane, of the city of New York, widow, being of ■ sound mind and memory, do make, execute and declare this, my last will and testament, in form and manner following, to wit:. “ First. I direct my debts and funeral expenses…
1Opinion of the Court
. Barrett, J. i
The bequest to the city of Hew York, contained in the seventh clause of Mrs. Crane’s will, was absolute. As to the right of the city to take, there can be no question. It enjoys the common-law right of taking personal property by bequest. . (Ang. & Ames on Corp.' § 177; Dillon on Mun. Corp. [4th ed.] § 566, and cases there cited.) It enjoys the same right by statute. It is authorized by both its ancient and modern charters, and by the laws of the State, to “ take, hold, receive, enjoy and have * * * goods, chattels and all other things of what kind or quality soever.” (Dongan…
2Cases cited6 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Bird v. . MerkleeNew York Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re the Accounting of HarteauNew York Court of Appeals · 1912
- Decker v. . VreelandNew York Court of Appeals · 1917
- Robb v. Washington & Jefferson CollegeAppellate Division of the Supreme Court of the State of New York · 1905
- Vestal v. PickeringOregon Supreme Court · 1928
- Kibbe v. City of RochesterDistrict Court, W.D. New York · 1932
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