In re Welch
New York Surrogate's Court
Proceeding upon the prohate of a will.
1Opinion of the Court
Ketcham, S.
In the paper propounded occurs the provision: “ To charity ($100.) One Hundred Dollars, to be distributed by Bev. P. J. O’Loughlin.”
*28The gift is attacked upon the theory that a gift to charity is too general to be regarded as a sufficient definition of the beneficiaries, and because of its alleged uncertainty as to whether or not the gift is for a public or private purpose. In Legge v. Asgill, Turn. & R. 265, the testatrix provided as follows: “ If there is money left unemployed, I desire it may be given in charity.” It was there held that this was an effective gift of £2,000 of…
2Cases cited6 opinions
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
- In Re Proving the Will of CunninghamNew York Court of Appeals · 1912
- Stewart v. FranchettiAppellate Division of the Supreme Court of the State of New York · 1915
- In re the Judicial Settlement of the Account of Proceedings of MillerAppellate Division of the Supreme Court of the State of New York · 1912
- Utica Trust & Deposit Co. v. ThomsonNew York Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- In re the Probate of the Last Will & Testament of TurkNew York Surrogate's Court · 1927
- In re the Estate of BreckwoldtNew York Surrogate's Court · 1941
- In re the Judicial Construction of the Last Will & Testament of KillenNew York Surrogate's Court · 1925
- In re the Estate of WerrickNew York Surrogate's Court · 1930
2 more not listed; retrieve them via the Exa API.