Legal Opinion
In re the Estate of Isbell
Appellate Division of the Supreme Court of the State of New York
Decided January 27, 1896Published
Appeal from a decree of the surrogate, made upon the final settlement of the executor of the last will and testament of Mary L. Isbell, deceased, by which decree it was adjudged that the American Baptist Missionary Union was not entitled to the legacy of $1,000, mentioned in the clause of the testatrix’s will set forth in the opinion
1Opinion of the CourtLandon, J.
The clause of the will under which the legacy is claimed is as follows :
“I give to the Japan Mission, under the direction of the Baptist Board of Foreign Missions, $1,000 (one thousand dollars). To pay the annual interest of the money, well invested, with good security.”
The surrogate found:
“ That neither the Japan Mission nor the Baptist Board of Foreign Missions were or are corporations, but that both are voluntary associations, doing missionary work under the direction and control of the American Baptist Missionary Union, which is a duly formed and constituted foreign corporation; that, for…
2Cases cited11 opinions
- Lefevre v. . LefevreNew York Court of Appeals · 1875
- Betts v. BettsNew York Supreme Court · 1878
- N.Y. Institution for the Blind v. . How's Ex'rs.New York Court of Appeals · 1854
- Lawrence v. . CookeNew York Court of Appeals · 1887
- Pell v. FolgerNew York Supreme Court · 1893
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