The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-07-24
REQUESTS TO CHARITY xULLIT1ED.
Judge Van Brunt Deciding how Million
aires Fortune should he Distributed.

Judge Van Brunt has filed decision in the
suit for the construction Of the will OF Henry A.
Kerr Of this city. who died in 1876. leaving per-
sonal property valued at slOOO.0OO. The will
hcqucathcd 10000 10 two minor children OF
Edward II. Doughcrty. $1,000 to Maria Dunkin.
$4,000 to the Theological Seminary in the city
ot New York. $4,000 to the Board OF Home Mis-
sions Of the Presbyterian Church. $4,000 to the
Board Of Foreign Missions. $1,000 to the Now
York Bible Society. 81 900 to the City Mission
and Tract Society. $4,000 to the trustees OF the
General Assembly Of the Presbyterian Church
Of the United States. 81 900 10 the Scotch Pres
byterian Church on Fourteenth street. 81 900 to
the Sunday schools Of that church, 81 900 70 tho
Row. Samuel VI. Hamilton of that church. 81 900
to the Presbyterian Hospital. and 81 1000 to Al
mira L. Holahan. the hall sister and only next
Of kin Of the tcstator 70 be credited to her
account. And after the debts and legncies are
paid OIL the income Of the remainder for life WIS
given TO tcstator's widow, Amelia Kerr and the
will given to the Foreign and Home Missions.
the Seminary. the Tract Society. and the Gene
raj Assembly. pro rata.
scented 10y Lord. Day Lord; the Foreign Mis-.
siUns and Theological seminary. represented
sy rhatcher NJ Adams IN me HONE Mssl2h9s
represented by A. B. Brlknnp and Edward II.
D6ughcrty; the Scotch presbyterun Church.
cteiy represented by NJ. VI. Dudlonp. argued in
favor Of sustaining the will in oil It's parts. Al
mira T.. HOlnhnn. represented by II. f. Watson.
argued against the validity Of several Of the
legucies. and contendcd that all Of the lcgnciee
to these charitable. benevolent. and religious
corporations were void rs contrary to the gem
crul law for the formation Of such corporations.
which provides that any testamentnry gift TO
corporations formed under TINT act made with
In two months Of the trstatOr's death. such tcs-
tator leaving surviving him widow. child, or
parent. shall b" void. And IL was maintained
that such was the effect in this case. notwith-
standing these several corporations were char
tered under special acts. because they contain
ed provisions subjcctng the corporations to the
provisions OF law relating TO last wills and tes-
tHmpnts.
Judge Van Brunt held that the section quoted
applied t. MI ot these corporations. excepting
the Foreign Missions and the Scotch Presby-
t"rian Church, and that the pccuniary. us well
~ rcsidunry legacirs, given to all other cor
pOrations or associations were invalid. He.
ci.- amounting In all to $4,000.
This decision gives To Mrs Kerr and Mrs.
Holahan in equal parts S24 900 in lapsed pc
cuniary legacies all Of the remainder Of the
estate after the expiration Of Mrs kerr's life
estate In the income Is to be divided between
Mrs Kerr and Mrs. Holahan, Mrs. Kerr's share
being 10000 larger than Mrs. Holahan's ac-
cOrdng to the statute OF distributions subject
othe deduction Of j-2Gth thereof for the Foreign
Missions. that being the amount given to II in
terms by the will The last named corporation
Is by its charter only subject TO the provisions
OF chapter 800 Of the Laws OF 1860. allowing "a
testator TO give one-hnlf OF his estate to such
corporations after paying his Just debts