Van Kleeck v. Dutch Church
New York Supreme Court
Appeal from chancery. The appellant filed a bill of discovery relative to certain property in the city of New-York, in the possession of the Reformed Protestant Dutch Church of that city, and praying an account, &c.j he alleged that the church was an incorporated body, and was in possession of the property in question, under a devise contained in the will of John Harberdinck, bearing date 23d April, 1722 ; which devise he averred to be void, on account of the incapacity of…
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Appeal from chancery. The appellant filed a bill of discovery relative to certain property in the city of New-York, in the possession of the Reformed Protestant Dutch Church of that city, and praying an account, &c.j he alleged that the church was an incorporated body, and was in possession of the property in question, under a devise contained in the will of John Harberdinck, bearing date 23d April, 1722 ; which devise he averred to be void, on account of the incapacity of the church to take real estate by devise; and that by a residuary clause in the will, the property in question was given…
1Opinion of the Court
After advisement, the following opinions were delivered:
By Chief Justice Nelson.
It is admitted, for the purposes of this decision, that the devise to the church is void; that body being incapable, as the law stood at the time, of taking or holding real property by devise. And this presents the most material question involved in the case, viz : whether the premises thus ineffectually disposed of to the church passed to the residuary devisees, under the clause of the will in their favor, or descended to the heirs at law.
The intent of the testator is always the leading enquiry, when searching…
2Cases cited4 opinions
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
- Bogardus v. Trinity ChurchNew York Court of Chancery · 1833
- Doe v. RoeNew York Supreme Court · 1828
- Broome County Bank v. LewisNew York Supreme Court · 1836
3Cited by53 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- Downing v. . MarshallNew York Court of Appeals · 1861
- Van Nostrand v. . MooreNew York Court of Appeals · 1873
- Betts v. BettsNew York Supreme Court · 1878
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