Wetmore v. New York Institution for the Blind
New York Supreme Court
Appeal from special term,. New York county. Action by Benjamin C. Wetmore, executor of the will of Mary Hopeton Drake, deceased, against the New York Institution for the Blind and others, legatees under said will, to have a construction of certain clauses thereof. Five of the defendants appeal from portions of the judgment.
1Opinion of the CourtVan Brunt, P. J.
This action was brought by the plaintiff, as executor of Mary H. Drake, for a construction of that instrument. The testatrix, in and by her will, after providing for the payment of debts and funeral expenses, and attempting to exercise the power of appointment conferred upon her by the will of her father, James Drake, directed her executors to sell certain real estate, and out of the proceeds to pay a certain bond given by her to one James F. Evans, or, in case he should refuse to accept payment of the bond, to pay the whole thereof to the United States Trust Company, in trust to invest and…
2Cases cited1 opinion
- Kerr v. DoughertyNew York Supreme Court · 1878
3Cited by6 opinions
- In re the Will of HinmanNew York Surrogate's Court · 1900
- Gilbert v. TaylorNew York Supreme Court · 1894
- In re Gans' WillAppellate Division of the Supreme Court of the State of New York · 1909
- Botsford v. FullerAppellate Division of the Supreme Court of the State of New York · 1899
- Estate of O'GormanCalifornia Superior Court · 1910
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