In re Porter's Estate
New York Supreme Court
Appeal from surrogate’s court, Chenango county. Proceeding for the judicial settlement of the account of Franklin A. Williams as surviving executor of the will of Timothy D. Porter, deceased. From a decree of the surrogate’s court in favor of the Second Congregational Society of the town of Coventry, sustaining a legacy given to it by the testator, Franklin A. Williams, as executor and individually, appeals.
1Opinion of the CourtMerwin, J.
The controversy in this ease is over the validity of the thirteenth clause of the will of Timothy 1). Porter. That clause is as follows: Thirteenth. “I give and bequeath unto the Second Congregational Society of Coventry the sum of seven hundred dollars, the same to be loaned on bond and mortgage, and so kept by my executors; and the interests arising therefrom to be appropriated yearly to pay for the preaching of the gospel in said Congregational Church. ” It was held by the surrogate that the legacy was valid, and that the church was entitled to receive the amount thereof. It is not claimed…
2Cases cited10 opinions
- Greene v. . GreeneNew York Court of Appeals · 1891
- Everitt v. . EverittNew York Court of Appeals · 1864
- Read v. . WilliamsNew York Court of Appeals · 1891
- Pray v. . HegemanNew York Court of Appeals · 1883
- Harrison v. . HarrisonNew York Court of Appeals · 1867
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3Cited by2 opinions
- In re Williams' EstateNew York Surrogate's Court · 1892
- In re Daniel's EstateNew York Surrogate's Court · 1903