Pritchard v. Kirsch
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Society of St.- Vincent de Paul of the city of Hew York, from so much of a judgment of the Supreme Court in favóir of the plaintiff, entered in the office of the clerk of the county of Hew York on the 24th day of July, 19.00, upon the decision of the court, rendered after a trial at the Hew York Special Term, as ordered, adjudged and decreed that the legacy of fifteen hundred dollars given to the Society of St. Vincent de Paul for the benefit of…
Read the full summary
Appeal by the defendant, the Society of St.- Vincent de Paul of the city of Hew York, from so much of a judgment of the Supreme Court in favóir of the plaintiff, entered in the office of the clerk of the county of Hew York on the 24th day of July, 19.00, upon the decision of the court, rendered after a trial at the Hew York Special Term, as ordered, adjudged and decreed that the legacy of fifteen hundred dollars given to the Society of St. Vincent de Paul for the benefit of the poor under paragraph twenty-first of said will is void and that the same be paid to Barbara I. Kirsch.” The action…
1Opinion of the Court
O’Brien, J.:
The only question upon this appeal is whether the Society of St.Vincent de Paul is subject to section 6 of chapter 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 *333last 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…
2Cases cited5 opinions
- Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
- Kerr v. . DoughertyNew York Court of Appeals · 1880
- In Re the Probate of the Last Will & Testament of LampsonNew York Court of Appeals · 1900
- Cole v. FrostNew York Supreme Court · 1889
- Cole v. . FrostNew York Court of Appeals · 1889
3Cited by3 opinions
- In re the Judicial Settlement of the Accounts of EwingNew York Surrogate's Court · 1907
- Spencer v. De Witt C. Hay Library Ass'nNew York Supreme Court · 1901
- In re the Estate of PlummerNew York Surrogate's Court · 1902