The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-24
THE COURTS.
A Decree as to the Distribution Of a
MilliOnnaire'S Estate.
CAPTAIN FoLErS DISMISSAL
Sequel to a Strange Story OF Mar
ital Philanthropy.

Judge Van Brunt yesterday gave decision IN Inc
suit brought Tor tho construction OF the will OF the
late Henry A. Kerr oil this city, who ded ON Deem
Der 81 1875 leaving personal property valued at the
time oil his death at 81, 900. COO The will bequeathed
$40 900 10 Two minor children OF Edward H. Dough-
erty 81 900 10 Maria Dunkin, $40, 900 TO the Theo
logical seminary In the city oil New York, $4,000 to
the Board OF Home Missions Of The Presbyterian
Church. 81, 900 to the Board Of Foreign Missions,
81 900 to the New York Biblo Society, $1,000
TO the City Mission and Tract Society, $4,000
10 tho trustees Of the General Assembly
Of the Presbyterian Church Of the United States,
81 900 10 the scotch Prcsby toran Church on Four
tsenh street, 900 to the sabbath schools OF that
church, 81 900 to the Rsv. Samuel n. Hamilton. OF
the Fourteenth Street Church, 81 900 10 the Pres
byisrian Hospital, and $1,000 TO Aimira E. Hoiahan
the hall sster and only next OF kin OF tue testaor To
be credited TO her account and after the deots ana
egu, les are paid on The income u the remainder Tor
he was gwen testator's widow. Ameiia Kerr, ana
the residue alter the WIDOWS death was by The VIII
gwen 10 lne Foreign ami Home mis- ions, The semi
nary the Tract Society and the General ASSEMBLY
rata. The executor, and executrlx. Mrs.. Kerr
represented by Lord, Day Lord; The Foreign
M.ssions and Theological seminary, represented ny
Thatcher 81. Adams; the Homo MISSIONS, the tract
society and the General Assembly. represented ny
belknap ANA Edward h. Dougherty; the scotch Pros
byterian Church, represented ny Il. W. De Forest;
the Bible Society, represented 0y N. ~ Budlong,
argued IN favor sustaining the VIII IN all It's parts
Aim,ra 4. Aolanan reprcse ntsd Dy b. +. Watson,
argued against validity OF several OF the legncies,
ana that all oil the legaces To these charI
abie benevolent ana religious corpora ions were void
us contrary to the general law Tor The formation OF
such corporations (chapter 3l9 OF me Laws
OF 1s4s, SECTION 81, which provides lha;
any parliamentary git to corporations formed
under that ACT, made within Two months OF
the testaos deutn such tes tator leaving surviving
MN a widow, cnIld,or parent, shall De VOID IL was
maintained met The effect IN THIS case not
wths:anding these several corporations were chart
cred der special acts because they Contained pro-
visions subJecIng the corporations 10 the provisions
OF Law relating 10 last wills anu testaments. Judge
Van Bruut that section applied 10 all of these
corporations, excepting the Forogn Missions and The
Scotch Presby terun Church. AMI that the pecuniary
AS well AS resduary legacics gwen TO all other
corporatious associations were invalid but
sustained the other pecuniary iegac.es, amount-
ing in all TO THIS decision gives TO Mrs Kerr
unu Mrs Hoiuuan, IN equal parts, $24 700 iapsed
pecuoiary egaces All Ut the remainder OF the estate
alter the expiration o Mrs. kerrs lie estate The
income, Is to De divided between Mrs. Kerr and Mrs
hoiahan, Mrs. Kerrs share being 81 larger than
Mr.. Holahan's according 10 the statute o dstriou-
t,ons subject TO the deduction OF nve-twcnty six hs
thereof Ior Foreign MISSIONS, being the amount
IL terms gwen ~ by the Will. The last named cor
poration is BY charter only subjacl to the provi-
SONS OF cnapier $50 Of Laws 1860, allowing
lestaor to give oneha OF MS estate CORPORA
tons alter paying ms deo1s