In Re Proving the Will of Cunningham
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 6, 1912, affirming that part of a decree of the Surrogate’s Court of the county of New York which adjudges that the bequest contained in the second paragraph of the will of Daniel Cunningham, deceased, namely, the bequest of $50,000 ' for charitable uses, is a valid ai d lawful bequest. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 6, 1912, affirming that part of a decree of the Surrogate’s Court of the county of New York which adjudges that the bequest contained in the second paragraph of the will of Daniel Cunningham, deceased, namely, the bequest of $50,000 ' for charitable uses, is a valid ai d lawful bequest. The facts, so far as material, are stated in the opinion. The bequest contained in the second paragraph of the will under review is to institutions which may be public or private, and is,…
1Opinion of the CourtWillard Bartlett, J.
The only question presented hy this appeal relates to the validity of the second paragraph of the will of Daniel Cunningham, deceased, which was executed on January 25, 1907, and became effective upon the death of the testator on October 8, 1911. The paragraph reads as follows:
“Second. I give and bequeath to my said executors and trustees, hereinafter named, the sum of fifty thousand dollars to be by them applied in their best judgment and discretion to such charitable and benevolent, associations and institutions of learning for the general uses and purposes of such associations and…
2Cases cited5 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- Allen v. . StevensNew York Court of Appeals · 1899
- Williams v. . WilliamsNew York Court of Appeals · 1853
- In Re the Probate of the Will ShattuckNew York Court of Appeals · 1908
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
3Cited by38 opinions
- In Re the Accounting of ClaytonNew York Court of Appeals · 1927
- Butterworth v. . KeelerNew York Court of Appeals · 1916
- In Re Proving the Will of FraschNew York Court of Appeals · 1927
- Trustees of the Sailors' Snug Harbor v. CarmodyNew York Court of Appeals · 1914
- In re the Estate of WalterNew York Surrogate's Court · 1933
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