Booth v. Baptist Church of Christ of Poughkeepsie
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made Hay 14, 1890, which affirmed a judgment entered upon' a decision of the court on trial at Special Term. ■ This action was brought to procure a judicial construction of tixe will and codicil of John Guy Yassar, deceased.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made Hay 14, 1890, which affirmed a judgment entered upon' a decision of the court on trial at Special Term. ■ This action was brought to procure a judicial construction of tixe will and codicil of John Guy Yassar, deceased. The clauses of the will and codicil in question are as follows: “ Having no lineal heirs, my desire and aim, in the disposition of my property, are to do the most good and to forward the cause of humanity.” “ 7. I give to the Baptist Church of…
1Opinion of the CourtFihch, J.
John Cuy Vassar made his last will and testament, declaring his general purpose at the beginning of his dispositions in these words : “ Having no lineal heirs my desire •and aim in the disposition of my property g,re to do the most good, and to forward the cause of humanity.” His collateral relatives, mostly cousins, and to the number of about fifteen, availing themselves of their legal right to warp his purposes and divert to their own use what he devoted to charity, have •assailed all the substantial dispositions of the testator as illegal •and invalid. The provisions for the benefit of…
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