Legal Opinion
Pritchard v. Kirsch
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 1901Published
Appeal from special term, New York county. Proceeding by William B. Pritchard, as executor of the estate of Marie V. Hunt, deceased, against Barbara I. Kirsch and others, for the construction of a will. From an adverse decree the Society of St. Vincent de Paul, a beneficiary under the will, appeals.
1Opinion of the CourtO’Brien, J.
The only question upon this appeal is whether the Society of St. Vincent de Paul is subject to section 6, c. 319, of the Laws of 1848, which reads as follows:
“Any corporation formed under this act shall be capable of taking, holding, or receiving any property real or personal by virtue of any devise or bequest contained in any last will or testament, * * * and no such devise or bequest shall be valid in any will which shall not have been made and executed at least two months before the death of the testator.”
The provision, it will be noted, is aimed expressly against corporations “formed…
2Cases cited5 opinions
- Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
- Kerr v. . DoughertyNew York Court of Appeals · 1880
- Stephenson v. . ShortNew York Court of Appeals · 1883
- In Re the Probate of the Last Will & Testament of LampsonNew York Court of Appeals · 1900
- Cole v. FrostNew York Supreme Court · 1889