Sherman v. Richmond Hose Co. No. 2
New York Court of Appeals
Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 2, 1919, modifying and affirming as modified a judgment in favor of defendant Richmond Hose Company, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtAndrews, J.
Mrs. Kenny died in 1905. By her will she bequeathed $10,000 to the Richmond Hose Company “to be kept at all times intact and the income derived from the safe and judicious investment thereof to be devoted to the reasonable and proper uses of said company for whatever purposes its members acting-as an organization may see fit to direct.” If, however, this legacy for any reason “ shall lapse or fail or for any cause not take effect in whole or in part ” she bequeathed it to Mr. Sherman and Mr. Atwater or to the one who survived her. Mr. Atwater died in 1910.
The Richmond Hose Company was a…
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