In the Matter of the Estate of John McGraw, Deceased; In the Matter of the Estate of Jennie McGraw Fiske, Deceased

Summary

The New York Court of Appeals affirmed the lower court's judgment that Cornell University could not receive the bequest from Jennie McGraw Fiske because the university's charter limited both the taking and holding of property to $3,000,000, and the university had already exceeded that limit at the time of the testatrix's death. Consequently, the bequest was void and the heirs could assert their claim to the excess property.