Despard v. . Churchill
New York Court of Appeals
Appeal from order of, the General Term of the Supreme Court in the first judicial department, reversing a judgment entered upon the decision of the court at Special Term and granting a new trial. This action was brought to obtain a construction of the last will and testament of Robert H. Pearson, late of San Francisco, California, deceased.
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Appeal from order of, the General Term of the Supreme Court in the first judicial department, reversing a judgment entered upon the decision of the court at Special Term and granting a new trial. This action was brought to obtain a construction of the last will and testament of Robert H. Pearson, late of San Francisco, California, deceased. The will, after giving various legacies to inhabitants of California and of the eastern States, contained the following provisions: “ Item 27.—I hereby nominate and appoint C. J. Despard, Jonathan Edwards and Benjamin Lunt, all of the city of New York, my…
1Opinion of the CourtFolger, J.
The testator had his domicile in the State of
California. He made his will there. Ho question is made but that it is in all of its provisions valid by the law of that State. It, however, by its terms, disposes of certain property in this State, and by provisions which are invalid here, inasmuch as they run counter to our statute law. (1 R. S., 723, § 15; id., 773, § 1.) The statute law here referred to embodies the policy of this State in relation to perpetuities and accumulations. As this sovereignty will npt uphold a devise or a bequest by one of its citizens in contravention of that policy,…
2Cases cited6 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Parsons v. . LymanNew York Court of Appeals · 1859
- Harvey v. RichardsU.S. Circuit Court for the District of Massachusetts · 1818
- Dawes v. BoylstonMassachusetts Supreme Judicial Court · 1812
- Merry v. HalletNew York Supreme Court · 1824
1 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Cross v. United States Trust Co.New York Court of Appeals · 1892
- Ford v. FordWisconsin Supreme Court · 1887
- Duff v. KeatonSupreme Court of Oklahoma · 1912
- Meacham v. Jamestown, Franklin & Clearfield RailroadNew York Court of Appeals · 1914
- Hartnett v. . WandellNew York Court of Appeals · 1875
64 more not listed; retrieve them via the Exa API.