Rose v. Rose
New York Court of Appeals
Chaimcey Rose, executor of John Rose, deceased, commenced this action in the supreme court, against Henry Rose and others, seeking to have the nature and extent of the rights of the parties mentioned in the will of John Rose judicially ascertained and established, and especially that certain charitable donations contained in clause 9 of said will be decided to be valid or invalid.
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Chaimcey Rose, executor of John Rose, deceased, commenced this action in the supreme court, against Henry Rose and others, seeking to have the nature and extent of the rights of the parties mentioned in the will of John Rose judicially ascertained and established, and especially that certain charitable donations contained in clause 9 of said will be decided to be valid or invalid. The complaint also sought the directions of the court for the management of the estate, and as to the execution of the trusts in the will, and also for general relief. The following is the ninth clause of the will,…
1Opinion of the Court
By the Court.
Wright, J.
The magnitude of the bequest, in connection with the interesting questions supposed to be involved and which were argued with so much learning and ability, has given unusual importance to this case. It may be, also, that the purpose of the testator in the disposition of the bulk of his large estate has tended to heighten the public interest, for, independent of any peculiar law of charity, and according to the general sense of civilized society, such purpose is eminently benevolent.
The testator contemplated the foundation of an extensive charity of the description…
2Cases cited4 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Phelps' v. . PondNew York Court of Appeals · 1861
- Boynton v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1845
- Yates v. YatesNew York Supreme Court · 1850
3Cited by10 opinions
- Holland v. . AlcockNew York Court of Appeals · 1888
- Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
- Sawyer v. . CubbyNew York Court of Appeals · 1895
- De Wolf v. LawsonWisconsin Supreme Court · 1884
- In Re the Will of RoeNew York Court of Appeals · 1939
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