139 N.Y.S. 955 | N.Y. Sup. Ct. | 1912
[1] Florence E. Dearstyne, testatrix, died October 10, 1910, leaving a last will and testament, duly admitted to probate by the surrogate of Washington county, the ninth or residuary clause of which is as follows:
“I give, devise and bequeath all the rest, residue and remainder of my property of every kind and nature to the Woman’s Graduate Association of Cornell University at Ithaca, N. Y., to be used by said Association in aiding and assisting needy young women students at said Cornell University as in the judgment of the officers and directors of said Association may seem best and proper.”
The Woman’s Graduate Association was not a corporation, and was not in existence at the time of the death of testatrix. It is claimed that the residuary clause is invalid. In view of the decision by the Court of Appeals in Matter of Robinson, 203 N. Y. 380, 96 N. E. 925, 37 L. R. A. (N. S.) 1023, it seems to me that the clause in question should be declared valid and enforceable. ^ The purpose of the gift, as set forth in the will, was to aid and assist needy young women students at Cornell University. The words “aiding” and “assisting” have a well-defined meaning. The word “needy” is used as an adjective. The noun “need” is defined to mean “a state requiring supply or relief; pressing occasion for something; urgent want; necessity; exigency.” Webster’s International Dictionary, 1910 Ed.; Matter of Robinson, supra. These words, construed together, indicate a charitable and a benevolent purpose, and, construed in connection with the word “students,” indicate a charitable and a benevolent purpose, educational in character.
Findings may be prepared accordingly.