Kerr v. Dougherty
New York Supreme Court
On the 31st day of December, 1876, Henry A. Kerr, of the city of Hew York, died, leaving him surviving his widow, the plaintiff, Amelia Kerr, and his half-sister, the defendant, Almira E. Holahan, as his only heirs at law and next of kin.
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On the 31st day of December, 1876, Henry A. Kerr, of the city of Hew York, died, leaving him surviving his widow, the plaintiff, Amelia Kerr, and his half-sister, the defendant, Almira E. Holahan, as his only heirs at law and next of kin. On the 8th of December, 1876, the said Henry A. Kerr duly made and executed his last will and testament, .as follows: “ I, Henry A. Kerr, considering the uncertainty of this mortal life, and being of sound mind and memory, do hereby make, publish and declare this instrument to be my last will and testament. “ I. My will is that all my just debts and personal…
1Opinion of the Court
Van Brunt, J. —
The first question to be considered is as to the validity of the legacy of $10,000 given in the second clause of the will to Edward H. Dougherty, in trust for the sole use and benefit of his two daughters.
It is claimed, by counsel for the defendant, Holahan, that this legacy is void, because there is no trust created by it which a court of equity could enforce at any time; because the last clause, i£ either of them die before receiving her share, then the balance is to be given to the survivor, is indefinite; and because the trust sought to be created is void, as being contrary…
2Cases cited3 opinions
- White v. . HowardNew York Court of Appeals · 1871
- Lefevre v. . LefevreNew York Court of Appeals · 1875
- Lawrence v. KitteridgeSupreme Court of Connecticut · 1852
3Cited by3 opinions
- Stearns v. the Newport HospitalSupreme Court of Rhode Island · 1905
- Wetmore v. New York Institution for the BlindNew York Supreme Court · 1890
- In re Hagenmeyer's WillNew York Surrogate's Court · 1883