Bowman v. Domestic & Foreign Missionary Society
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Domestic and Foreign Missionary Society of the Protestant Episcopal Church in the United States of America, from so much of a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Monroe on the 7th day of March, 1904, upon the decision of the court rendered after a trial at the Monroe Special Term, as decrees a certain bequest to the appellant in the will of Mary…
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Appeal by the defendant, The Domestic and Foreign Missionary Society of the Protestant Episcopal Church in the United States of America, from so much of a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Monroe on the 7th day of March, 1904, upon the decision of the court rendered after a trial at the Monroe Special Term, as decrees a certain bequest to the appellant in the will of Mary W. Jewett, deceased, to be void for indefiniteness, and also from an order entered in said clerk’s office on the 26th…
1Opinion of the Court
Williams, J.:
The judgment, so far as appealed from, and the order should be reversed and a new trial directed, with costs to the appellant-against the estate, to abide event upon questions of law only, the facts having been examined and- no errors found therein.
The action was to procure a construction of the will- of deceased. The clause which is under consideration on this appeal .is as follows: -
“Ninth. I give,' devise and bequeath the sum of two thousand dollars • to "be equally divided between the Indian Missions- and Domestic Missions of- the United States, in memoriam to the late Mary…
2Cases cited13 opinions
- Lefevre v. . LefevreNew York Court of Appeals · 1875
- Shipman v. . RollinsNew York Court of Appeals · 1885
- N.Y. Institution for the Blind v. . How's Ex'rs.New York Court of Appeals · 1854
- St. Luke's Home v. . Ass'n for Indigent FemalesNew York Court of Appeals · 1873
- Wright v. Trustees of Corp. of Meth. Epis ChurchNew York Court of Chancery · 1839
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Estate of DeringNew York Surrogate's Court · 1931
- Kingsbury v. BrandegeeAppellate Division of the Supreme Court of the State of New York · 1906