First Presbyterian Church v. McKallor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edgar 0. McKallor and another, as executors, etc., of Caroline S. Knickerbocker, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 12th day of May, 1898, upon the decision of the court rendered after a trial at the Saratoga Special Term. , On or about the 27th day of September, 1895, Caroline S. Knickerbocker, an inhabitant of Waterford, in the county of…
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Appeal by the defendants, Edgar 0. McKallor and another, as executors, etc., of Caroline S. Knickerbocker, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 12th day of May, 1898, upon the decision of the court rendered after a trial at the Saratoga Special Term. , On or about the 27th day of September, 1895, Caroline S. Knickerbocker, an inhabitant of Waterford, in the county of Saratoga, died leaving a last will and testament which was afterwards duly proved and letters testamentary issued to the…
1Opinion of the Court
Merwin, J. :
The plaintiff was incorporated under the provisions of chapter 60 of the Revised Laws of 1813 (3 R. S. [8th ed.] 1884). Under that act or the acts supplementary thereto (Chap. 79, Laws of 1875 j chap. 176, Laws of 1876) the plaintiff had the right to hold real and personal estate “ for the use of such church, congregation or-society, or other pious uses.” By the act of 1875 it was authorized generally, within certain limits as to amount, to take and receive by bequest or devise any real or personal estate. By section 4 of that, act the trustees of the society are authorized to…
2Cases cited5 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Bird v. . MerkleeNew York Court of Appeals · 1895
- Adams v. . PerryNew York Court of Appeals · 1871
- In Re the Estate of BonnetNew York Court of Appeals · 1889
3Cited by7 opinions
- Robb v. Washington & Jefferson CollegeAppellate Division of the Supreme Court of the State of New York · 1905
- Cargill Commission Co. v. CampbellSupreme Court of Iowa · 1930
- Driscoll v. HewlettAppellate Division of the Supreme Court of the State of New York · 1909
- In re the Judicial Settlement of the Accounts of the Executors of WoodsNew York Surrogate's Court · 1900
- In re Daniel's EstateNew York Surrogate's Court · 1903
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