Legal Opinion

In re Welch

New York Surrogate's Court

Decided November 15, 1918PublishedCited by 7 opinions

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

  1. In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
  2. In Re Proving the Will of CunninghamNew York Court of Appeals · 1912
  3. Stewart v. FranchettiAppellate Division of the Supreme Court of the State of New York · 1915
  4. In re the Judicial Settlement of the Account of Proceedings of MillerAppellate Division of the Supreme Court of the State of New York · 1912
  5. Utica Trust & Deposit Co. v. ThomsonNew York Supreme Court · 1914

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. In re the Estate of SmallmanNew York Surrogate's Court · 1931
  2. In re the Probate of the Last Will & Testament of TurkNew York Surrogate's Court · 1927
  3. In re the Estate of BreckwoldtNew York Surrogate's Court · 1941
  4. In re the Judicial Construction of the Last Will & Testament of KillenNew York Surrogate's Court · 1925
  5. In re the Estate of WerrickNew York Surrogate's Court · 1930

2 more not listed; retrieve them via the Exa API.

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