City Bank Farmers Trust Co. v. Arnold

258 A.D. 714, 15 N.Y.S.2d 131, 1939 N.Y. App. Div. LEXIS 6551

Opinion

Order and judgment, so far as appealed from, affirmed, with costs. No opinion. Present — Martin, P. J., Glennon, Untermyer, Dore and Cohn, JJ.; Untermyer, J., dissents and votes to modify upon the ground that the cy pres doctrine does not apply where the gift is contingent upon a specified condition and where accordingly there is no general charitable intent. Settle order on notice.