New York Court of Appeals

James Cruikshank, as Executor v. the Home for the Friendless, Respondents…

April 16, 1889113 N.Y. 337

Summary

The Court affirmed the lower court, holding that the testator's primary devise to a future charitable corporation was invalid because it created an unlawful suspension of alienation, that the alternative gifts to existing charities vested at the testator's death, and that a lapsed devise to a predeceased sister fell into the residuary clause under the Revised Statutes.