Stephenson v. . Short
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1882, which reversed in part a decree of the surrogate of the county of Ontario, upon the final accounting of the executors of the will of James Stephenson, deceased. Reported below (27 Hun, 380). The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1882, which reversed in part a decree of the surrogate of the county of Ontario, upon the final accounting of the executors of the will of James Stephenson, deceased. Reported below (27 Hun, 380). The material facts are stated in the opinion. All the provisions of section 6 of the act of 1848 (Chap. 319) are limited to the case of a person leaving a wife, child- or parent. (Squire’s Case, 12 Abb. Pr. 38; Jackson v. Lewis, 17 Johns. 475 ;…
1Opinion of the CourtRapallo, J.
The act of 1848, entitled “An act for the incorporation of benevolent, charitable, scientific and missionary societies ” (Chap. 319 of the Laws of 1848) contains the following provision:
“ § G. Any corporation formed under this act shall bo 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 of any person whatsoever, the clear annual income of which devise or bequest shall not exceed the sum of $10,000 ; provided no person leaving a wife or child, or parent, shall devise or bequeath to such…
2Cases cited4 opinions
- Kerr v. . DoughertyNew York Court of Appeals · 1880
- Reynolds v. BristowSupreme Court of Georgia · 1867
- Beekman v. PeopleNew York Supreme Court · 1858
- Lawrence v. ElliottNew York Surrogate's Court · 1878
3Cited by27 opinions
- Ely v. . MegieNew York Court of Appeals · 1916
- Ely v. ElyAppellate Division of the Supreme Court of the State of New York · 1914
- Rich v. TiffanyAppellate Division of the Supreme Court of the State of New York · 1896
- Healy v. ReedMassachusetts Supreme Judicial Court · 1891
- Fairchild v. EdsonNew York Supreme Court · 1894
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