Fraser v. Trustees of the General Assembly of the United Presbyterian Church of North America
New York Supreme Court
. Appeal from special term, Livingston county. Action by James Fraser and others as executors, etc., of John McNaughon, deceased, against the Trustees of the General Assembly of the United Presbyterian Church of North America, impleaded with Margaret McNaughton and others, to obtain a construction of the will of plaintiff’s testator. The Trustees of the United Presbyterian Church, etc., appeal.
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. Appeal from special term, Livingston county. Action by James Fraser and others as executors, etc., of John McNaughon, deceased, against the Trustees of the General Assembly of the United Presbyterian Church of North America, impleaded with Margaret McNaughton and others, to obtain a construction of the will of plaintiff’s testator. The Trustees of the United Presbyterian Church, etc., appeal. There are also cross-appeals from an order awarding additional allowance of costs to the respective litigants.
1Opinion of the CourtMacomber, J.
This action is brought to obtain a construction of the will of John McNaughton, deceased, which bears date February 26, 1880, and which was admitted to probate July 9, 1881. The only survivors of the testator are his two grandchildren, the infant defendants, George Halsted Bristol and Darius Filmore Bristol, and Margaret McNaughton, the widow of the deceased. The appellant, upon the principal question, the Trustees of the General Assembly of the United Presbyterian Church of North America, is a corporation organized under the laws of Pennsylvania, and is a benevolent, charitable, and…
2Cases cited8 opinions
- White v. . HowardNew York Court of Appeals · 1871
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- Hobson v. . HaleNew York Court of Appeals · 1884
- Scholle v. . ScholleNew York Court of Appeals · 1889
- Conaughty v. . the Saratoga County BankNew York Court of Appeals · 1883
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3Cited by2 opinions
- Doremus v. DoremusNew York Supreme Court · 1892
- Van Meter v. KellyAppellate Division of the Supreme Court of the State of New York · 1910