Smithsonian Institution v. St. John, Executor of Wallace C. Andrews, Deceased

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  • Wallace Andrews and his wife Margaret Andrews both deceased in a fire accident, and Gamaliel C. St.John, Margaret's brother and the executor of their will, commenced a suit in the Supreme Court of New York County seeking a construction of their will and a determination of the rights of those entitled to the will; the Andrews Institute for Girls, the Smithsonian Institution and the heirs at law and next to kin of the deceased. Supreme Court of New York held that the Andrews Institute for Girls was entitled to the residuary estate of the late Andrews, and that the Smithsonian Institution had no interest in that estate.
  • The Smithsonian appealed that decision and was denied by the Court of Appeals. Smithsonian filed an affidavit in error in support of a petition for rehearing, arguing that a Federal question has been presented and discussed in the case, and the Court of Appeals denied right claimed by the Smithsonian. The judgment of the Appeals Court was brought to current court on a writ of error by the Smithsonian and its Chancellor. Current court ruled that no provisions of the Federal Constitution had been violated, and Smithsonian's writ of error was dismissed.


  • Andrews, Wallace C
  • Brewer, David Josiah
  • St.John, Gamaliel C
  • Andrews, Margaret M. St.John
  • Andrews Institute for Girls


Smithsonian Legal Documents

Legal document information

  • Title 20, Education
  • Court case

Contained within

October Term, 1908. (Book)

Contact information

Institutional History Division, Smithsonian Institution Archives, 600 Maryland Avenue, S.W., Washington, D.C. 20024-2520,


  • 1909
  • 05/17/1909


  • Judicial opinions
  • Actions and defenses
  • Wills
  • Estates (Law)
  • Estates (Law)--United States


United States


Court case

Physical description

Number of pages: 15; Page Numbers: 19-33

Full Record

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