Fellows v. Miner
Massachusetts Supreme Judicial Court
Bill in equity, by the executors of the will and codicil of Edward G. Miner, against Miles Miner and Harriet, his wife, beneficiaries under the will and the parents of the testator, and against the inhabitants of the town of Kinderhook, in the State of New York, the devisees in trust under the will, to obtain the instructions of the court.
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Bill in equity, by the executors of the will and codicil of Edward G. Miner, against Miles Miner and Harriet, his wife, beneficiaries under the will and the parents of the testator, and against the inhabitants of the town of Kinderhook, in the State of New York, the devisees in trust under the will, to obtain the instructions of the court. The case was reserved by Oolt, J., for the consideration of the full court, and was as follows : The testator, a resident of Great Barrington, in this Commonwealth, made his will on January 6, 1872, which, after certain specific bequests, proceeded as…
1Opinion of the CourtGray, C. J.
This charitable bequest would apparently be held ineffectual and void by the courts of New York, if the testator had been domiciled and his estate had been settled there; not, however, because the purpose was unlawful, but because, by the later decisions of the Court of Appeals, the statutes of that state are held to have repealed the old law of charitable uses, and to have prohibited any corporation to take a charitable bequest of this description without express authority of the Legislature. Sherwood v. American Bible Society, 4 Abbott, (N. Y.) 227; S. C. 1 Keyes, 561. Bascom v. Albertson,…
2Cases cited8 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Phelps' v. . PondNew York Court of Appeals · 1861
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Holmes v. . MeadNew York Court of Appeals · 1873
- Maxwell v. MaxwellCourt of Appeals of Kentucky · 1860
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3Cited by35 opinions
- Cross v. United States Trust Co.New York Court of Appeals · 1892
- Dodge v. WilliamsWisconsin Supreme Court · 1879
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
- Teele v. Bishop of DerryMassachusetts Supreme Judicial Court · 1897
- Cary Library v. BlissMassachusetts Supreme Judicial Court · 1890
30 more not listed; retrieve them via the Exa API.