Lewis L. Fosdick, as Executors v. the Town of Hempstead

Summary

The New York Court of Appeals held that the testator's bequest of half his residuary estate to the Town of Hempstead, to be kept as a fund for the support of the poor, was void because it created a charitable trust without an ascertained beneficiary and the town lacked statutory authority to act as trustee for such purposes. The Court reversed the General Term’s modification and affirmed the Special Term’s judgment.