Rich v. Tiffany
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Congregational Education Society, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Monroe on the 26th day of October, 1895, upon the report of a referee. The undisputed facts in this case show that one Jonathan C. Taylor, who resided in the city of Rochester, died upon the 13th day of February, 1891, leaving- a last will and testament and also a codicil thereto.
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Appeal by the defendant, The Congregational Education Society, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Monroe on the 26th day of October, 1895, upon the report of a referee. The undisputed facts in this case show that one Jonathan C. Taylor, who resided in the city of Rochester, died upon the 13th day of February, 1891, leaving- a last will and testament and also a codicil thereto. By the provisions of his will he directed his executors to pay his just debts and funeral expenses and to erect suitable…
1Opinion of the Court
Adams, J.:
The facts above recited seem to present two questions for our consideration, and these are,: First. Is this will, so far as-the devise ■ to the appellant is concerned, within the condemnation of chapter 360 of the Laws of 1860 i and, second; did the court below adopt the correct method of ascertaining that fact ?
It is conceded by all the parties that the appellant is one of the corporations referred to in the statute just mentioned, which reads as follows: “ No person having a husband, vafe, child or parent shall, by his or her last will and testament, devise or bequeath to any…
2Cases cited7 opinions
- Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
- Stephenson v. . ShortNew York Court of Appeals · 1883
- In re TeedNew York Supreme Court · 1891
- Harris v. SlaghtNew York Supreme Court · 1866
- Church of Redemption v. Rector, Churchwardens & Vestrymen of Grace ChurchNew York Court of Appeals · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In Re Estate of CampbellCalifornia Supreme Court · 1917
- In re Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1924
- In re the Judicial Settlement of the Account of the Executors of the Estate of BlumenthalNew York Surrogate's Court · 1925
- In re the Judicial Settlement of the Account of Proceedings of ArnoltNew York Surrogate's Court · 1926
- Robb v. Washington & Jefferson CollegeAppellate Division of the Supreme Court of the State of New York · 1905
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