Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 130New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels Lawyers Co-operative Publishing Company, 1892 - Law reports, digests, etc |
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Results 1-5 of 76
Page 47
... application was to be made to the legislature , after the testator's death , for a charter . If obtained the bequest would take effect ; if not it would go the ulterior donee . If the cor- poration applied for and granted should not be ...
... application was to be made to the legislature , after the testator's death , for a charter . If obtained the bequest would take effect ; if not it would go the ulterior donee . If the cor- poration applied for and granted should not be ...
Page 47
... application in the construction of wills , but it can be applied only in aid and assistance of the manifest intent of the testator , and never where it would lead to a result contrary to the purpose of the will or work injustice among ...
... application in the construction of wills , but it can be applied only in aid and assistance of the manifest intent of the testator , and never where it would lead to a result contrary to the purpose of the will or work injustice among ...
Page 47
... applying the rule invoked by the appellants , which permits unlawful trusts to be eliminated from the will , and those that are lawful to be enforced , we must not violate the intention of the tes- tator , or destroy the scheme that he ...
... applying the rule invoked by the appellants , which permits unlawful trusts to be eliminated from the will , and those that are lawful to be enforced , we must not violate the intention of the tes- tator , or destroy the scheme that he ...
Page 55
... applying these rules to the case before us , our duty is to ascertain the testator's intent from an inspection of the will , and for this purpose we must read the whole instrument , including the provisions admitted to be void . Those ...
... applying these rules to the case before us , our duty is to ascertain the testator's intent from an inspection of the will , and for this purpose we must read the whole instrument , including the provisions admitted to be void . Those ...
Page 60
... applying it to such eharitable , educational and scientific purposes as they should select . In other words , that if they did not give it to the institution that he suggested and which would bear his name , they could give it to others ...
... applying it to such eharitable , educational and scientific purposes as they should select . In other words , that if they did not give it to the institution that he suggested and which would bear his name , they could give it to others ...
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Common terms and phrases
affirmed a judgment Agree to affirm alleged amount APPEAL from judgment appeared appellant application Argued October assignment authority Bank Barb BRADLEY BROWN cause of action chap claim Code Civ complaint concur construction contract conveyance conveyed corporation creditors December 22 decided December deed defendant defendant's easement entitled evidence execution fact favor of plaintiff filed foreclosure fountain pens granted HAIGHT held intended January 20 Judgment affirmed judgment in favor judicial department jury Knights of Labor land liable lien LXXXV Mayor ment mortgage October 27 Opinion owner paid parties payment performance person plaintiff entered Pocantico river premises provision purchase purpose question R. R. Co railroad real estate referee refused residuary estate respondent Rhinelander SICKELS-VOL Smith Statement statute street Supreme Court testator thereof tiff Tilden Trust tion trial court usury valid VANN verdict vested Wend York
Popular passages
Page 491 - This company shall not be held to have waived any provision or condition of this policy, or any forfeiture thereof by any requirement, act, or proceeding on Its part relating to the appraisal or to any examination herein provided for...
Page 297 - ... shall descend to the heirs, or pass to the devisees of the testator, subject to the execution of the power.23 Section 77 was formerly i Revised Statutes, 729, section 56: § 56. A devise of lands to executors or other trustees, to be sold or mortgaged...
Page 225 - No association shall make any loan or discount on the security of the shares of its own capital stock, nor be the purchaser or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith...
Page 226 - Such as shall be conveyed to it in satisfaction of debts previously contracted in the course of its dealings. Fourth. Such as it shall purchase at sales under judgments, decrees, or mortgages held by the association, or shall purchase to secure debts due to it...
Page 41 - Trusts herein directed to be constituted, or such portion thereof as they may not deem it expedient to apply to its use, to such charitable, educational, and scientific purposes as in the judgment of my said Executors and Trustees will render the said rest, residue, and remainder of my property most widely and substantially beneficial to the interests of mankind.
Page 712 - The commissioners of the land office shall have power to grant in perpetuity or otherwise, so much of the lands under the waters of navigable rivers or lakes, as they shall deem necessary to promote the commerce of this State, or proper for the purpose of beneficial enjoyment of the same by the adjacent owner...
Page 190 - That the court erred in submitting to the Jury the question as to whether the act of Congress passed March 2, 1893, 'c.
Page 87 - The assent of two-thirds of the members elected to each branch of the Legislature, shall be requisite to every bill appropriating the public moneys or property for local or private purposes.
Page 315 - After the expiration of one year from the death of a party, against whom a final judgment for a sum of money...
Page 486 - ... first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree shall submit their differences to the umpire; and the award in writing of any two shall determine the amount of such loss; the parties thereto shall pay the appraiser respectively selected by them and shall bear equally the expenses of the appraisal and umpire.