Downing v. . Marshall.

Summary

The New York Court of Appeals reversed the lower courts' judgments and held that the contingent devise to the children of James and Jeremiah Marshall did not lapse upon the death of John Stanton Marshall without issue, that the devise includes both the dwelling‑house and the one‑third share of the Walcott mortgage, and that James E. Marshall receives the half of the real estate while the other half passes to the heirs-at-law. The court also held that the residuary devise to the Home Missionary Society is void, that the devises to the American Bible and Tract Societies are void as to rents and profits but valid as to the proceeds of sale, and that the Marshall Infirmary is authorized to take by devise. Justice 030concurrence, in a separate concurrence, agreed with the reversal but argued that the statute prohibiting devises to corporations does not affect the power to sell the residue and pay the proceeds.