Mount v. . Tuttle
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 25, 1905, which affirmed a judgment of Special Term "construing the will of Maria B. Mount, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 25, 1905, which affirmed a judgment of Special Term "construing the will of Maria B. Mount, deceased. The facts, so far as material, are stated in the opinion. The intended beneficiary was not the jurisdiction itself as an entity, but rather the congregation and rector of a church to be erected at a point in the territories of Utah and Idaho, or, in a broader sense, the inhabitants of such territories as a class. The beneficial class, as a class, has, therefore, not lost…
1Opinion of the Court
Cullen, Ch. J.
The action was brought for the construction of the will of Maria B. Mount, a resident of this state, who died October 3rd, 1899. By her will, which bore date December 22nd, 1880, the testatrix provided: “As a thank-offering to Almighty God for all his benefits to me, I give, devise and bequeath unto the Beverend Daniel S. Tuttle, Bishop of Utah, the Protestant Episcopal Missionary Bishop of Utah and Idaho, in his corporate capacity,- and to his successor or successors in office, the sum of Twenty Thousand 00/100 Dollars, In Trust, nevertheless, to erect therewith, at such place…
2Cases cited10 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Allen v. . StevensNew York Court of Appeals · 1899
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Holland v. . AlcockNew York Court of Appeals · 1888
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3Cited by31 opinions
- In Re the Probate of the Will ShattuckNew York Court of Appeals · 1908
- John L. Jund v. The Town of Hempstead the Town of Hempstead Republican Committee the Nassau County Republican CommitteeCourt of Appeals for the Second Circuit · 1991
- Ely v. . MegieNew York Court of Appeals · 1916
- In re the Estate of WalterNew York Surrogate's Court · 1933
- In Re the Accounting of LyonNew York Court of Appeals · 1939
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