Trustees of Amherst College v. Ritch
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered December 30, 1895, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered December 30, 1895, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. Daniel B. Eayerweather, an old resident of the city of New York, died on the loth of November, 1890,- leaving a will, four codicils, an estate of several millions, consisting chiefly of personal property, and debts amounting to less than $10,000. He. left neither child nor descendant, but a widow and three nieces, his only heirs at law and next of kin,…
1Dissent
Andrews, Ch. J.
(dissenting). I deem it proper to state the reasons for my dissent from the conclusion reached by the majority of the court.
The testator, by the ninth clause of his will, bequeathed to twenty colleges therein named legacies to a large amount, aggregating approximately a sum equal to one-half of his estate as it existed at the time of his death, on the 15th day of ¡November, 1890. By the tenth clause he gave to his executors all the rest and residue of his estate in trust, to convert the same into money and to divide the same equally between the same twenty colleges named in the…
2Cases cited7 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Downing v. . MarshallNew York Court of Appeals · 1861
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Haxtun v. CorseNew York Court of Chancery · 1848
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