ISBN: 9781153837316

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1890. Not illustrat… Mehr…

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1890. Not illustrated. Excerpt: ... First Department, March Term, 1878 apparent upon its face. It was designed to regulate and restrict the power of testators. It was neither conceived nor framed in a spirit of hostility to charitable societies; ou the contrary, it enlarged the proportion of a testator''s estate which he might dedicate to charitable uses in exclusion of the claims of his own immediate family. And in Chamberlain v. Chamberlain (43 N. Y., 440), Mr. Justice Allen treats the act as applicable to an educational institution incorporated by the Regents of the University and as a subsisting prohibitory act upon the subject. The act of 1860 was doubtless made for the purpose of protecting the rights of husband, wife, child or parent. If the academy is covered by the act of 1860, there seems to be no doubt that it covers the college in question, and the term literary and scientific association or corporation, would seem fully to define the character of the Manhattan College, and I have no doubt of its application to the college in question. The point is not raised in this case, that there is no one but the widow interested in this question, and that she desires the enforcement of the devise according to the terms of the will; but in Harris v. American Bible Society (4 Abb. N. S., 421), Mr. Justice Fulleeton, in discussing this question, at page 427, 6ays: The General Term held, and I think, properly, that the prohibition is peremptory, and may be insisted on by any person who would derive a benefit therefrom; the language is absolute, and if the courts have power in any such case to judge concerning the probable motives of the legislature, and may imply, accordingly, an exception to the positive terms of a statute (on which no opinion need now be expressed), I am unable to discover any s... Marcus Tullius Hun, Books, History, Reports of Cases Heard and Determined in the Supreme Court of the State of New York (Volume 20) Books>History, General Books LLC<

ISBN: 9781153837316

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1890. Not illustrat… Mehr…

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1890. Not illustrated. Excerpt: ... First Department, March Term, 1878 apparent upon its face. It was designed to regulate and restrict the power of testators. It was neither conceived nor framed in a spirit of hostility to charitable societies; ou the contrary, it enlarged the proportion of a testator''s estate which he might dedicate to charitable uses in exclusion of the claims of his own immediate family. And in Chamberlain v. Chamberlain (43 N. Y., 440), Mr. Justice Allen treats the act as applicable to an educational institution incorporated by the Regents of the University and as a subsisting prohibitory act upon the subject. The act of 1860 was doubtless made for the purpose of protecting the rights of husband, wife, child or parent. If the academy is covered by the act of 1860, there seems to be no doubt that it covers the college in question, and the term literary and scientific association or corporation, would seem fully to define the character of the Manhattan College, and I have no doubt of its application to the college in question. The point is not raised in this case, that there is no one but the widow interested in this question, and that she desires the enforcement of the devise according to the terms of the will; but in Harris v. American Bible Society (4 Abb. N. S., 421), Mr. Justice Fulleeton, in discussing this question, at page 427, 6ays: The General Term held, and I think, properly, that the prohibition is peremptory, and may be insisted on by any person who would derive a benefit therefrom; the language is absolute, and if the courts have power in any such case to judge concerning the probable motives of the legislature, and may imply, accordingly, an exception to the positive terms of a statute (on which no opinion need now be expressed), I am unable to discover any s... Marcus Tullius Hun, Books, History, Reports of Cases Heard and Determined in the Supreme Court of the State of New York (Volume 20) Books>History <