Driscoll v. Hewlett
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Whitfield C. Hewlett, as executor,' etc., and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Nassau on the 1.6th..day of January, 1909, Upon the decision of the court rendered after a trial at the Nassau Special Term.
1Opinion of the Court
Miller, J.:
This appeal involves the validity of the lattempted devise and bequest of the testator’s residuary estate to a religious corporation in trust to apply the income to the care of his burial lot.,
The learned trial justice held that the, residuary clause was void for offending the statute against perpetuities.* In the absence of some statute authorizing such a: trust, the attempt to create it was doubtless futile. The statute relating to gifts for charitable purposes (Laws of 1893, chap. 701)† has no application, as the care: of the testator’s burial lot is not a charitable use;…
2Cases cited3 opinions
- Iglehart v. IglehartSupreme Court of the United States · 1907
- First Presbyterian Church v. McKallorAppellate Division of the Supreme Court of the State of New York · 1898
- Gates v. WhiteMassachusetts Supreme Judicial Court · 1885
3Cited by3 opinions
- Earney v. ClaySupreme Court of Missouri · 1971
- Ruth K. Child v. United StatesCourt of Appeals for the Second Circuit · 1976
- Ruth K. Child v. United StatesCourt of Appeals for the Second Circuit · 1976