Oliver H. Booth, as Executors v. the Baptist Church of Christ of Poughkeepsie…

Summary

The Court held that the testator's executory and contingent gifts to a future orphan asylum and to a Baptist church were void as violations of the rule against perpetuities, that void gifts fall into the residuary estate and are divided among the surviving legatees and the heirs, that the annuity‑bearing charitable legacies were valid, and that an extrinsic memorandum could not alter the terms of the will. The judgment of the General Term was affirmed.