Morgan v. Durand
New York Supreme Court
Action for a judicial construction of the will of Lewis H. Morgan, deceased, and to recover for his next of kin the residuary estate bequeathed to the trustees of the University of Rochester, on the ground that such bequest is void.
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Action for a judicial construction of the will of Lewis H. Morgan, deceased, and to recover for his next of kin the residuary estate bequeathed to the trustees of the University of Rochester, on the ground that such bequest is void. The testator, Lewis H. Morgan, was a resident of the city of Rochester and died at said city in December, 1881, leaving an estate consisting of personal property of the value of about $92,000, and leaving a widow and one child, a son, his only heir-at-law. He left the will in question, which was executed on the 23d day of May, 1878, and a codicil made on the 18th…
1Opinion of the CourtFoots, J.
The provisions of -the will disposing of the residuary estate to the trustees of the University of Rochester, after the termination of the life estate to the widow and son, are attacked upon three principal grounds: First. As suspending the absolute ownership beyond two lives in being contrary to the statute. Second. As creating a trust the objects of which are indefinite; and, Third. The beneficiaries are indefinite. It is also contended that the provisions in controversy are conditioned upon an accumulation prohibited by law; and, if the gift is not intended as a trust in the trustees of…
2Cases cited9 opinions
- Allen v. . StevensNew York Court of Appeals · 1899
- Greene v. . GreeneNew York Court of Appeals · 1891
- Roe v. . VingutNew York Court of Appeals · 1889
- Schult v. . MollNew York Court of Appeals · 1892
- People v. . PowersNew York Court of Appeals · 1895
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3Cited by3 opinions
- Clippinger v. BreartonCalifornia Court of Appeal · 1946
- Hebrew Home for Aged Disabled v. FriedmanCalifornia Supreme Court · 1915
- In re the Judicial Settlement of the Accounts of EwingNew York Surrogate's Court · 1907