Hone v. Van Schaick
New York Court of Chancery
This case came before the court on the petition of Charles Kneeland, who asked to be paid a legacy of six thousand dollars, on account of his two infant children and for whom he was guardian ; with an alternative prayer for a legacy of the like amount to his late wife Joanna, now deceased, and who* was one of the grandchildren of John Hone, the testator. A reference to the points for decision will sufficiently appear in the opinion of the court.
1Opinion of the Court
The Vice-Chancellor :
The questions presented are not entirely free from difficulty. The claim, whether on behalf of the late Mrs. Kneeland or her two infant children, in esse at the death of the testator, depends upon the construction to be given to the will and codicil. And that construction is to be governed by this intention ; and it is not easy, from the will *475itself, to ascertain precisely whether he meant to include Mrs. ICneeland in the bequest of six thousand dollars to each of his 2 . grandchildren; and if not her, still whether her children, being great grandchildren of the testator,…
2Cases cited1 opinion
- Cutter v. DoughtyNew York Supreme Court · 1840
3Cited by2 opinions
- Hone v. Van SchaickNew York Court of Chancery · 1848
- Feit's Executors v. VanattaNew Jersey Court of Chancery · 1870