In Re the Probate of the Will Shattuck
New York Court of Appeals
Appeal from a judgment of -the Appellate Division of the Supreme Court in the third judicial department, entered April 24, 1907, which affirmed a decree of the Essex County Surrogate’s Court admitting to probate the will of Mary E. Shattuck, deceased, and declaring the eighth clause thereof valid and binding. Said Mary E. Shattuck died on the 14th day of March, 1906, leaving a last will and testament which has been duly-admitted to probate.
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Appeal from a judgment of -the Appellate Division of the Supreme Court in the third judicial department, entered April 24, 1907, which affirmed a decree of the Essex County Surrogate’s Court admitting to probate the will of Mary E. Shattuck, deceased, and declaring the eighth clause thereof valid and binding. Said Mary E. Shattuck died on the 14th day of March, 1906, leaving a last will and testament which has been duly-admitted to probate. The eighth clause of said will is as follows : “ All the rest, residue and remainder of my real and personal property, I give, devise and bequeath to my…
1Opinion of the CourtChase, J.
The beneficiaries of the proposed trust are most indefinite and uncertain. Many years ago in Morice v. Bishop of Durham (9 Ves. 399) it was said : “If there be a clear trust, but for uncertain objects, the property that is the subject of the trust is undisposed of; and the benefit of such trust must result to those to whom the law gives the ownership in default of disposition by the former owner.”
In England, however, this rule did not hold in cases of trusts for charity and in the same case it was said in connection with the words that we have already quoted, “ But this doctrine does not hold…
2Cases cited18 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- Allen v. . StevensNew York Court of Appeals · 1899
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Levy v. . LevyNew York Court of Appeals · 1865
- Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
13 more not listed; retrieve them via the Exa API.
3Cited by86 opinions
- In Re the Probate of the Will of MacDowellNew York Court of Appeals · 1916
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
- In Re the Accounting of ClaytonNew York Court of Appeals · 1927
- Butterworth v. . KeelerNew York Court of Appeals · 1916
81 more not listed; retrieve them via the Exa API.