Legal Opinion

Authors Club v. Kirtland

Appellate Division of the Supreme Court of the State of New York

Decided June 23, 1936PublishedCited by 5 opinions

1Opinion of the CourtO’Malley, J.

The question presented by this submitted controversy is whether donations to the plaintiff in the sums of $10,000, $10,000 and $30,000, respectively, and a bequest of $200,000 from the same source have been made the subject of a trust. If so, the further question is presented, whether the income therefrom may be diverted in part to the general obligations of the plaintiff, or must be restricted to the charitable purposes of the trust.

The articles of plaintiff’s incorporation or charter provided that the purpose for which it was organized was generally for “ literary and library purposes, and…

2Cases cited5 opinions

  1. In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
  2. Associate Alumni of General Theological Seminary of Protestant Episcopal Church v. General Theological Seminary of Protestant Episcopal ChurchNew York Court of Appeals · 1900
  3. In re St. John's Church of Mt. MorrisAppellate Division of the Supreme Court of the State of New York · 1933
  4. Matter of St. John's Church of Mt. MorrisNew York Court of Appeals · 1934
  5. Stewart v. FranchettiAppellate Division of the Supreme Court of the State of New York · 1915

3Cited by5 opinions

  1. In re the Revocation of a Trust between SchlusselNew York Supreme Court · 1949
  2. Lefkowitz v. Cornell UniversityNew York Supreme Court · 1970
  3. Schoellkopf v. United StatesDistrict Court, W.D. New York · 1941
  4. Teachers College v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1947
  5. Grand Lodge of the Independent Order of Odd Fellows of West Virginia v. GunnoeWest Virginia Supreme Court · 1970

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