New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-02-23

I.,,,,.,y concur 10 views herein eir ..a Tse req
c.ss lat Ties. snd. their oosed. .,rs sos Il
ssesee hsJ could mt be sPPhed for By the
sss sss discay remains 70 be oti,ed in maintaining .h.
.s: 2 70 The aSs. o. 81 Ss r. i ;C.r,sS %. Ho
s devised 70 BEN BY snwysk for very large snoaut
.s: CO esss s 70 we ss s
ys<ed sfse nn1. income And the eomPisiot pr.ys aas
sss 90. he avail. Of he ,se. y the MAJOR
to ss s.,n.s a. sfs :' as
s,r mn.I. similarly situated III. s.fepG ~ ne .So,oo
sslen The proceed, 70 The purchase sna In
The Get Of rs sa,bohlns h. sale. directed the prooeed.t
be spphd 10 the purchase Of other and. and real e'@e
In the r,mnsnsnoe presented the Governor and C9rlc
- B:ssnsroek and Obs IN @ y ..ssd . sss 70" Of 5td
ham the purchase lard. according % the Of
s b, dssnd4n 10 h.a e.ssd s.p:sns Der To-
And n proved on tae tna Of ms es 81. ~ no S soo
Of Forehs money ~heb received on ns sale wen,
. ss.:s ss Ga1s 70 S sog
.s AZ p..ss Tss No. sn! ne s aT' sa euy
s and consequently al CLAIM By the rss.or the de-
sss O. Or to s1y %,nTs s,Ds out ns Of
sbss VA wosd to have sns since osApes-d aud With
- Oam Of avg interest ia shss ma. o'sd 70 exist Toe
a. viii Of HsSpeDoinck-
Tee justice II SPECIAL Term held ssst the devise IN thi.
v 3: IN lbs, Of stsiDwy wa. sIeOsivey benefit Of
tbt ministry ~ the church Of the defendant DE says,
r. Ministers. Elders and Dsseons q the Reformed P0tr.an,
1tsh Church q the City Ct New Yof and these words being
.Sft tbs 6evi,e made alone BY d.
.,e now s thy oo So .ons
Tie Of his property without aceous
bg " others whether Of the same Communion ID i'h or
FOR the reason. before gssed these views appear to me
TIM Is on the assumption devise TO the Defendant. Is
sx Court u u ray vii snfoce 81 The sia The
Bap.me COur. q the United States Of the case OF
e pan Of the heirs Of the dsv'or that hs devise 70
sess dnd.n,s q the land. IN tas s s.a S
,ssorted TO bhs defest these tae s.a
s ,,' .Ds ions leases Such statutes force in the
fOIcpy Of New York argued that coi9tia se OF tas
soen Dot repeal Alter or change that it not
negative Of the King to make di:PenssSn Of a. res
the charter Of Incorporation under whcn ths
ants sse right aEe the estate IN question eau oe OF no
ya because DOT IN the power oil tne soVeregn
permit tina. TO be done which the laws OF The Kingdom pro
On IL. par. Of the defendants conceded for that
sent kss viii void not BY virtue Of he aomsi1 ai'
bat Of q. v ssSsP s1 N as s ~s ntsd IN
tSee 3 r g., LIST Ed. Appendix p Oh - -. ,,S-. ana
Aad fun power give hs lands by bis last will and testament ~
writing any person persons except bodies polite aud cor
In the Revision Of 1915 the exception was contained
ne Rsviion Of 1880 the exception altered into pro
hboD the ,tsutes declaring that no devise 70
y, vtn9 S S9 sas 70 sse by devise Rev Stat
:. sGs s s,SDJ.1t s. GsS!'s r:s d.pa :
ton between 1cspacity 70 hold properly beyond ceIs
.so that sn wan. 81 both :. de-
take, the prohibition being in the Statute Of Wi
wills devise authorized by tina. statute 10 absolutely
VOID. Tia. the statute Of Henry . made S
will be questioned Thi. poon is fay sustained oy
G aSSI u .Se ss%d to- The case Of at
Orphan Asylum Cowen 49, decided 10 the Cout Of Eros
e statute q villa e a ssDS y, a Gs ss.d
n n I hold
m hin viii Of 725 ygd By the law Of this sts.ei o,s
sso,s, or in direct the execution wholly
nsrs would ,esm to be clearly settled that tAyes
T MesSs os us a., hu{Bs s . ass s9 P.s s
fers With the defendants reference the trust which a
keed ceated by this void devise But y was urged
United Courts they held title under the viii Of Hsr
:y % NOV PRs s r S% tef they
Fom examination this case do not perceive that the
@ a, ias hold
simple The Justice who delivered the opinion Of
sss SSu n tie PG sS gssG o
are relied on in substitution Of valid paper tls
by the learned counsel for the defendants 10 OF very soubtfu
fss doens Of e,topps technical rule, aud is not
ssdei with mnch favor Court particularly in Courts Of
this case for the sussssed
Neither this devise be sustained, in Judgment IS
charitable or pious use or trust -
setted by this Court In the OF Beekmsn
sxt The People "a Bsro 26O quits conclusive on tnis
point Williams Williams sustained on the ground that
tie that competent to take being pc
% .s and o the eS.s
the Of Appeals in the of Owens ast The Mic
sepsry Society Kernss $780, held that when the Trustee vas
the requests did not vest and the trusts
could not be executed. 49,. A..
That Il essential to maintain and execute trust that
ters should be TO take and such trustee
fihDs there power In Court OF Equity TO execute
the trust G, yrts otherwise
being competent to take these lands BY
therefore decree execution OF
us though bed been established by the wi" oil
Haspendnck In favor Of the relator. $500,
OF the defendants TO dismiss the comp amt
granted the 10 coordnely dismissed with coss