Henry White, Executors v. William J. Howard

Summary

The New York Court of Appeals affirmed the lower courts, holding that unincorporated charitable societies and corporations without explicit statutory or charter authority cannot take real estate by devise, that a discretionary power to sell does not convert realty to personalty, that New York real estate purchased by trustees remains realty, and that the undisposed remainder of the estate passes to the testator's heirs and then to their heirs.