Bowman v. Domestic & Foreign Missionary Society of the Protestant Episcopal Church in the United States
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 28, 1904, which reversed in part a judgment of Special Term construing the will of Mary W. Jewett, deceased. The facts, so far as material, are stated in the opinion. This is not a case of misnomer of a legatee, but one where there is an entire failure to name any legatee, and the court cannot supply that omission.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 28, 1904, which reversed in part a judgment of Special Term construing the will of Mary W. Jewett, deceased. The facts, so far as material, are stated in the opinion. This is not a case of misnomer of a legatee, but one where there is an entire failure to name any legatee, and the court cannot supply that omission. (Lefever v. Lefever, 59 N. Y. 434; Missionary Society v. Reynolds, 9 Md. 341; Matter of Goodrich, 2 Redf. 45; Mitchell v. Presbyterian Church, 3 Dem. 603.) The…
1Opinion of the CourtWerner, J.
This action was brought to obtain a construction of the will of Mary W. Jewett who died in the village of Clarkson, Monroe county, on or about April 13th, 1903. The only portion thereof in controversy on this appeal is the ninth paragraph which reads as follows: “ I give, devise and bequeath the sum of two thousand dollars to be equally divided between the Indian Missions and Domestic Missions of the United' States in memoriam of the late Mary A. Archer.”
The respondent, The Domestic and Foreign Missionary Society of the Protestant Episcopal Olmrcli of the United States of America, was duly…
2Cases cited1 opinion
- Allen v. . StevensNew York Court of Appeals · 1899
3Cited by30 opinions
- In Re the Probate of the Will ShattuckNew York Court of Appeals · 1908
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
- Trustees of the Sailors' Snug Harbor v. CarmodyNew York Court of Appeals · 1914
- In re the Estate of WalterNew York Surrogate's Court · 1933
- Manley v. FiskeAppellate Division of the Supreme Court of the State of New York · 1910
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