De Camp v. Dobbins
Supreme Court of New Jersey
On appeal from a decree of the chancellor, reported in De Camp v. Dobbins, 2 Stew. 36 Mrs. E. A. Crane, by lier will, after certain devises and legacies, made the following disposition : “The residue of my estate I give and devise to the North Reformed Church of Newark, in trust that they may use the same to promote the religious interests of the said church and to aid the missionary, educational and benevolent enterprises to which the said church is in the habit of…
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On appeal from a decree of the chancellor, reported in De Camp v. Dobbins, 2 Stew. 36 Mrs. E. A. Crane, by lier will, after certain devises and legacies, made the following disposition : “The residue of my estate I give and devise to the North Reformed Church of Newark, in trust that they may use the same to promote the religious interests of the said church and to aid the missionary, educational and benevolent enterprises to which the said church is in the habit of contributing, and I direct my trustee and executors to pass over to the officers of the said church, all property, either real…
1Opinion of the Court
The opinion of the court was delivered by
Beasley, O. J.
In this case, there are but two objections to the effectuation of that clause in this will which is contested, that seem to me to require discussion. The first of these raises the question, whether or not this religious corporation, the North Reformed Dutch Church of Newark, can legally take the testamentary donation in question, in view of the restrictions contained in the law creating it; and the second is, whether this testamentary provision creates a valid charitable use ?
With respect to the first point: The contention of the counsel…
2Cases cited1 opinion
- Miller v. LerchCourt of Appeals for the Third Circuit · 1848
3Cited by7 opinions
- Simler v. WilsonCourt of Appeals for the Tenth Circuit · 1954
- Higgins v. MispethNew Jersey Court of Chancery · 1935
- Guaranty Trust Co. v. Catholic, C., N.Y.New Jersey Court of Chancery · 1948
- Mills v. Montclair Trust Co.New Jersey Court of Chancery · 1946
- Gorlin v. Cameo Theatres, Inc.New Jersey Court of Chancery · 1937
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