1 A case in point is that of Jennie McGraw Fiske decided in the year 1888 by the Court of Appeals of the State of New York (111 N. Y. 66). In that case a bequest of $1,154,363.46, given by the Will of Jennie McGraw Fiske to Cornell University, was held void because the Charter of that University contained a provision declaring that the Corporation thereby created might hold property “not exceeding $3,000,000.00 in the aggregate” and it appeared that the University already held property up to that limit. The bequest was held void notwithstanding the fact that, subsequent to the death of the testatrix, the limitation of the power of the University was removed by the Legislature.

2 For opinion see below, p. 483.