Barber v. Terry
New York Surrogate's Court
Appeal by the plaintiffs, Epaphras L. Barber and others, and by the defendants, Edwin L. Barber and others, from parts of a judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Westchester on the 13th day of July, 1915, upon the decision of the court after a trial at Westchester Special Term.
1Opinion of the Court
Per Curiam —
The testatrix, having been survived by her husband, Dr. Marshall 0. Terry, had not power to give or devise over one-half of her estate to benevolent and charitable institutions. (Decedent Estate Law [Consol. Laws, chap. 13; Laws of 1909, chap. 18], § 17.) Her atempted devise or bequest was valid “ to the extent of one-half, and no more.”
For the purpose of this appeal we have these amounts:
Total estate, less debts and expenses......... $2,556,208 16
Amount (being half) available for charity.....$1,278,104 30
Total bequests:
To -the A. M. McGregor
Home . . .....'..... $1,793,066 82
To…
2Cases cited7 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Read v. . WilliamsNew York Court of Appeals · 1891
- In re TeedNew York Supreme Court · 1891
- Rich v. TiffanyAppellate Division of the Supreme Court of the State of New York · 1896
- In re Vedder's EstateNew York Supreme Court · 1891
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