Allen v. Stevens
Decision Date | 05 December 1899 |
Citation | 55 N.E. 568,161 N.Y. 122 |
Parties | ALLEN et al. v. STEVENS et al. |
Court | New York Court of Appeals Court of Appeals |
Appeal from supreme court, appellate division, Fourth department.
Action by Benjamin G. Allen and others against Charles E. Stevens and others, as executors and trustees under the will of Nathan F. Graves, deceased, to obtain a construction of the will. From an order of the appellate division (54 N. Y. Supp. 8) reversing a judgment in favor of defendants (49 N. Y. Supp. 431), they appeal. Reversed.
This action was brought for the purpose of obtaining a construction of the will of Nathan F. Graves, deceased, and particularly the tenth clause thereof, devising and bequeathing the residuary real and personal estate in trust for the purpose of founding, erecting, and maintaining Graves Home for the Aged, to the effect that the said provisions of the tenth clause be adjudged void and invalid, and also that it be adjudged and determined that the said will is void and invalid so far as it devised and bequeathed more than one-half of the real and personal property of the testator to benevolent, charitable, literary, scientific, religious, and missionary societies, associations, or corporations, in trust or otherwise, and that the surplus of such one-half part be distributed and conveyed to the plaintiffs, who are next of kin of the testator. The special term decided that the will was in all respects valid, and rendered judgment accordingly. The appellate division, by a divided court, held that the tenth clause was invalid, and reversed the judgment. From the order and judgment entered thereon, appeals have been taken to this court.
The will read as follows:
‘I Nathan F. Graves, of the city of Syracuse, in the state of New York, being of sound mind and memory, do make, ordain, publish, and declare this to be my last will and testament; that is to say:
‘First. After all my lawful debts are paid and discharged, I give, devise, and bequeath unto Catharine H. Graves, my wife, all of the furniture, beds, and bedding of every kind, including paintings, pictures, vases, and statuary of every kind, with all kitchen utensils, in the dwelling house where we now live, the horses, harnesses, carriages, wagons, sleighs, sleds, cows, chickens, and everything appertaining thereto and connected therewith, including feed of every kind, to have and to hold the same to her heirs and assigns, forever. I also give and bequeath to the said Catharine H. Graves the rents, issues, and profits of all of my houses, tenements, and stores sough of James street, in Syracuse, to be paid to her monthly, subject only to the necessary repairs and taxes for and during her natural life. I also give and bequeath to the said Catharine H. Graves all dividends that may be declared by the New York State Banking Company on all the stock standing in my name, to be paid to her when declared and due, payable to her immediately, for and during her natural life.
‘Second. I give and bequeath to the Oneida Cemetery Association, called ‘Glenwood Cemetery,’ situate in the town of Lenox, near the village of Oneida, in Madison county, in the state of New York, the sum of five hundred dollars, to be received and held in trust by the trustees thereof, or other representatives of said Cemetery Association, to be invested on first bond and mortgage or mortgages, the interest, or so much thereof or so much of the same as may be necessary, be expended in keeping the family burial lot in good order, grading, mowing, enriching, and all other things that may be needed. The lot is known as lot number one in section S in said cemetery, the title of which is in Nathan F. Graves and Catharine H. Graves, his wife. The said money may be deposited in any savings bank in Madison or Onondaga county when not invested in bond and mortgage. Any part of the interest or principal may be used to repair any injury to the monument or headstones caused by any casualty or by lapse of time.
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