New York Court of Appeals

Thomas T. Read, Respondents v. George C. Williams, as Executors

February 24, 1891125 N.Y. 560

Summary

The New York Court of Appeals held that next of kin may sue in equity to construe a will alleged invalid, that a codicil granting executors a power to appoint charitable institutions without a sufficiently defined class is void for indefiniteness, that a direction to sell real estate does not create an equitable conversion when the residuary clause fails, and that a charitable cemetery trust is void as an unlawful suspension of ownership. The court reversed the lower court's finding of equitable conversion and affirmed its other rulings.