New York Court of Appeals

Robert S. Robb, Appellant v. Washington and Jefferson College, Respondents

June 21, 1906185 N.Y. 485

Summary

The New York Court of Appeals held that the statutory restriction on charitable devises may be invoked by any beneficiary, that a sealed declaration of trust delivered to a trustee creates a valid trust without delivery of the property, that successive trusts created by a deed are not testamentary, that the deed does not violate the 1860 charitable‑gift statute, and that the annuity trust is invalid under New York law but may be governed by Pennsylvania law, thus reversing the lower court’s dismissal and remanding for a new trial.