Robb v. Washington & Jefferson College
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Washington and Jefferson College and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of June, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, adjudging to be void a declaration of trust made in his lifetime by one John II.
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Appeal by the defendants, Washington and Jefferson College and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of June, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, adjudging to be void a declaration of trust made in his lifetime by one John II. Wallace, since deceased, in favor of the Washington and Jefferson College, and that said college took under the will of said Wallace one-lialf the net estate left by him, and that as to the remainder except…
1Opinion of the Court
Laughlin, J.:
The object óf the action is to have it adjudged that both the declaration of trust and the will are invalid and that the decedent died intestate as to all or some of his property. The plaintiff is a nephew and one of the next of kin of the decedent. Neither the will nor the declaration of trust contains any provision for his benefit. • The contention of the respondent is not that the college had not under the laws of Pennsylvania legal capacity to take the property upon the conditions and subject to the liens or charges or trusts specified in the declaration of trust, but that…
2Cases cited59 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Martin v. . FunkNew York Court of Appeals · 1878
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
54 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- St. John v. Andrews Institute for GirlsAppellate Division of the Supreme Court of the State of New York · 1907
- Johnston v. ScottNew York Supreme Court · 1912
- Schenectady Trust Co. v. EmmonsAppellate Division of the Supreme Court of the State of New York · 1941
- Hammerstein v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1913
7 more not listed; retrieve them via the Exa API.