Bascom v. Nichols

Decided July 15, 1860

New York Surrogate's Court · decided 1860-07-15

The will was executed in thp State of New York, August 21, 1857, and was proved in the county of New York, April 5, 1858. Letters testamentary were granted on the same day to Lewis B. Brown. At the time of making- his will, and at the time of his death, the testator resided, and his personal property was situated, in the State of New York. It does not appear that the will has been proved in any other State.

Decided 1860-07-15

¶1An appeal from the decision and decree of the Surrogate was taken to the general term of the Supreme Court. Pres*349ent, Hon. D. P. Ingraham, P. J., and Hon. William H. Leonard, and Hon. George G. Barnard, JJ.

¶2The surrogate’s decree was affirmed, without argument, no written opinion being rendered; but Justice Ingraham being understood to remark, that, in his opinion, the neglect of the testator to fix the time for the appointment of the trustees by the Vermont Supreme Court, was sufficient to invalidate the bequest; and that the case was within the previous ruling of the Supreme Court and the Court of Appeals, in respect to the provisions of the will of Anson G. Phelps for the establishment of a college in Liberia;