Legal Opinion

In re the Probate of the Last Will & Testament & Codicil of Davis

New York Surrogate's Court

Decided May 15, 1912PublishedCited by 6 opinions

Proceeding for the probate of a last will.

1Opinion of the Court

Ketcham, S.

While the law of charitable uses and their limitations has been reared into a vast structure of learning, it remains a monument of historical and academic worth rather than a guide needed for the disposition of present cases. It is a memorial and mortuary, more a shrine for meditation than a landmark for navigation.

Upon the fabric of this erudition, statutory and judicial endeavor has wrought a modern system which, without assumption, may be declared so plain that the wayfaring man need not err therein.

Gifts for a charitable use must prevail whenever their purpose and their object…

2Cases cited5 opinions

  1. Estate of HinckleyCalifornia Supreme Court · 1881
  2. In Re the Probate of the Will ShattuckNew York Court of Appeals · 1908
  3. In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
  4. Manley v. FiskeAppellate Division of the Supreme Court of the State of New York · 1910
  5. In re Proving the Last Will & Testament of CunninghamNew York Surrogate's Court · 1912

3Cited by6 opinions

  1. Markle v. CommissionerUnited States Board of Tax Appeals · 1933
  2. Torrey v. DayNew York Supreme Court · 1913
  3. In re Davis' WillAppellate Division of the Supreme Court of the State of New York · 1913
  4. Markle v. CommissionerUnited States Board of Tax Appeals · 1933
  5. Union Trust Co. v. DayAppellate Division of the Supreme Court of the State of New York · 1914

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