In re Estate of Isbell
Appellate Division of the Supreme Court of the State of New York
Appeal by The American Baptist Missionary Union, a corporation organized under the laws of Massachusetts and Pennsylvania, from a decree of the Surrogate’s Court of Broome county, entered in said Surrogate’s Court on the 5th day of April, 1895, upon the final settlement of the accounts of the executor of the last will ■and testament of Mary L. Isbell, deceased, by which decree it was adjudged that the appellant was not entitled to the legacy of $1,000 given by a clause of…
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Appeal by The American Baptist Missionary Union, a corporation organized under the laws of Massachusetts and Pennsylvania, from a decree of the Surrogate’s Court of Broome county, entered in said Surrogate’s Court on the 5th day of April, 1895, upon the final settlement of the accounts of the executor of the last will ■and testament of Mary L. Isbell, deceased, by which decree it was adjudged that the appellant was not entitled to the legacy of $1,000 given by a clause of the testatrix’s will.
1Opinion of the Court
Landon, J.:
The clause of the will under which the legacy is claimed is as follows : “ I give to the Japan Mission, under the direction of the Baptist Board of Foreign Missions, ($1,000) one thousand dollars. To pay the annual interest of the money -well invested with good security.”
The surrogate found “That neither the Japan Mission or the Baptist Board of Foreign Missions were or are corporations, but that both are voluntary associations, doing missionary work under the direction and control of the American Baptist Missionary Union, which is a duly formed and constituted foreign corporation.”
2Cases cited7 opinions
- Lefevre v. . LefevreNew York Court of Appeals · 1875
- Betts v. BettsNew York Supreme Court · 1878
- N.Y. Institution for the Blind v. . How's Ex'rs.New York Court of Appeals · 1854
- Lawrence v. . CookeNew York Court of Appeals · 1887
- Pell v. FolgerNew York Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Kernochan v. Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Corp. of the Chamber of Commerce v. BennettNew York Supreme Court · 1932
- In re the Estate of RathboneNew York Surrogate's Court · 1939
- Rector, Church Wardens & Vestrymen of St. George's Church v. MorganNew York Supreme Court · 1915
- Fisher v. ListerNew York Supreme Court · 1927
12 more not listed; retrieve them via the Exa API.