Burns v. Clark
New York Supreme Court
THIS is a case agreed upon and submitted without action, pursuant to section 372 of the code. The facts stated in the submission are substantially these: The testator, Alvah Hunt, died on the 30th of October, 1858, leaving a will of ' real and personal estate, which has been duly proved in the surrogate’s court, and appointing the defendants executors thereof, and they have duly qualified and entered upon their duties as such executors.
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THIS is a case agreed upon and submitted without action, pursuant to section 372 of the code. The facts stated in the submission are substantially these: The testator, Alvah Hunt, died on the 30th of October, 1858, leaving a will of ' real and personal estate, which has been duly proved in the surrogate’s court, and appointing the defendants executors thereof, and they have duly qualified and entered upon their duties as such executors. The following is one of the provisions of said will. “ Fifth. I give, devise and bequeath to Susan Green, a mulatto girl, who formerly lived with us, the sum…
1Opinion of the Court
By the Court,
Davis, P. J.
There can be no question, I think, but that the legacy is given upon a condition precedent, and that the plaintiff took no vested interest therein, upon the will becoming operative. It was directed to be paid in one year from the decease of the testator, “ upon the express condition that the plaintiff should at the time be, in the judgment of his wife, worthy of this token of his remembrance.” These are appropriate terms to create a condition. *498precedent. (Robertson v. Caw, 3 Barb. 418 ; S. C., 1 Seld. 125. Prest, on Leg. 130. 2 Will. Ex. 785.) And there are no words…
2Cases cited1 opinion
- Robertson v. CawNew York Supreme Court · 1848
3Cited by11 opinions
- In re the Estate of StulmanNew York Surrogate's Court · 1933
- In re the Estate of CostaloNew York Surrogate's Court · 1938
- Connecticut College v. United StatesCourt of Appeals for the D.C. Circuit · 1960
- In Re Estate of BeaverSupreme Court of Iowa · 1973
- In re KempfAppellate Division of the Supreme Court of the State of New York · 1937
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