German Pioneer Verein v. Meyers

The German Pioneer Verein v. George A. Meyers

German Pioneer Verein v. Meyers, 67 A. 23 (N.J. 1907)

Court: Supreme Court of New Jersey · State Highest Courts
Decided: June 17, 1907
Judges: Affirmance, Bogert, Denburgh, Dlll, Garrison, Gray, Green, Hendrickson, None, Pitney, Port, Reed, Reversal, Swayze, Trenchard, Vre, Vroom
Citations: 67 A. 2372 N.J. Eq. 9542 Buchanan 9541907 N.J. LEXIS 310

Cited by 9

Summary

On appeal from a decree of the court of chancery, advised by Vice-Chancellor Pitney, whose opinion is reported in 70 N. J. Fq. {Jf. Robb.) 192.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam.

The decree in this ease is affirmed, for the reasons contained in the opinion delivered in the court of chancery by Vice-Chancellor Pitney.

In respect to one matter of fact there is an error in the vice-chancellor’s opinion which, while not of controlling importance upon this appeal, had best be corrected. The vice-chancellor states that the complainant was organized for the purpose of taking over the legacy provided by the will of Raymond Rath, deceased, with which it established the home that bears the name of its founder. The corrected testimony of the only witness who spoke to this subject makes it clear that the complainant was organized as a verein in 1898 before the death of Rath and without any reference to the said provision of his will. The complainant took the Rath fund as a trustee for the purposes named in the will of the settlor, viz., a home for aged Germans. Inasmuch as it is the name and home feature of this trust and not the other verein purposes of the complainant that entitle it to the legacy accorded to it by the decree of the court of chancery, such *955 legacy comes into the hands of the complainant to be used exclusively by it for the purposes of such home and not for any of its other more general objects.

The decree is affirmed.

For affirmance—The Chief-Justice, Garrison, Port, Hendrickson, Pitney, Swayze, Reed, Trenchard, Bogert, Vre-DENBURGH, VrOOM, GREEN, GRAY, DlLL—14. For reversal—None.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 9 cases

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Relies on it most ⓘ

Higgins v. Mispeth180 A. 562 (N.J. Ct. of Ch. 1935)
Guaranty Trust Co. v. Catholic, C., N.Y.56 A.2d 483 (N.J. Ct. of Ch. 1948)
Fidelity-Philadelphia Trust Co. v. Jameson45 A.2d 134 (N.J. Ct. of Ch. 1946)
City-Bank Farmers' Trust Co. v. Rideal61 A.2d 578 (N.J. Super. Ct. App. Div. 1948)
Rowe v. Davis47 A.2d 36 (N.J. Ct. of Ch. 1946)
Gillespie v. Gillespie126 A. 744 (N.J. Ct. of Ch. 1924)

Most recent

Delaware Trust Co. v. Delaware Trust Co.95 A.2d 569 (Del. Ch. 1953)
Grebenstein v. St. John's Evangelical Lutheran Ch.66 A.2d 461 (N.J. Super. Ct. App. Div. 1949)
City-Bank Farmers' Trust Co. v. Rideal61 A.2d 578 (N.J. Super. Ct. App. Div. 1948)
Guaranty Trust Co. v. Catholic, C., N.Y.56 A.2d 483 (N.J. Ct. of Ch. 1948)
Rowe v. Davis47 A.2d 36 (N.J. Ct. of Ch. 1946)
Fidelity-Philadelphia Trust Co. v. Jameson45 A.2d 134 (N.J. Ct. of Ch. 1946)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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