Legal Opinion

People's Trust Co. v. Smith

New York Supreme Court

Decided June 15, 1894PublishedCited by 3 opinions

Action by the People’s Trust Company, executor of Eliza Smith, against John J. Smith and others, for the construction of a will.

1Opinion of the CourtIngraham, J.

The only question presented is whether the provisions contained in section 6 of the act of 1848 for the incorporation of benevolent and charitable corporations, which invalidates the bequests contained in a will which had not been made and executed at least two months before the death of the testator, is binding upon the defendant the Presbyterian Home for Aged Women. This corporation was created by special act of the legislature (Laws 1869, c. 413), and is thereby “authorized to take and hold, by gift, purchase, devise or otherwise, subject to all provisions of existing laws in relation to…

2Cited by3 opinions

  1. Edward Barron Estate Co. v. WatermanCalifornia Court of Appeal · 1916
  2. Norton v. StateWashington Supreme Court · 1918
  3. Reust v. Oklahoma CitySupreme Court of Oklahoma · 1947

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