In Re the Trustees of the Congregational Church & Society of Cutchogue
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 February 9, 1891, which affirmed a judgment in favor of the petitioners entered upon a decree of the surrogate of Suffolk county. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The paper purporting to be a certificate of incorporation of said society was improperly admitted in evidence.
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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 February 9, 1891, which affirmed a judgment in favor of the petitioners entered upon a decree of the surrogate of Suffolk county. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The paper purporting to be a certificate of incorporation of said society was improperly admitted in evidence. (Laws of 1813, chap. 69, § 3.) The petitioner’s exhibits were not properly executed and were ■improperly admitted in evidence. (Laws of 1813,…
1Opinion of the CourtO’Brien, J.
The Independent Congregational Church and Society of Cutchogue, by order of its trustees, petitioned the surrogate to compel the payment of a legacy to which it claimed to' be entitled. One Henry Landon died in the year 1864, leaving a will dated in 1857, and a codicil thereto dated December 10, 1861. This codicil, after revoking a gift to another church, which was made by the original will, concludes with this provision : “Incase there shall be a new religious society in Cutchogue, organized as an Independent Congregational Church or Society at the time of my decease, or within one year…
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