Legal Opinion

Congregational Unitarian Society v. Hale

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 15 opinions

Appeal by the defendants, Lucy Ann Hale and another, as executors, etc., of Joseph P. Hale, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the' office of the clerk of the county of New York on the 13th day of October, 1897, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 21st day of October, 1897, denying the defendants’ ¿notion for a new trial made upon the…

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Appeal by the defendants, Lucy Ann Hale and another, as executors, etc., of Joseph P. Hale, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the' office of the clerk of the county of New York on the 13th day of October, 1897, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 21st day of October, 1897, denying the defendants’ ¿notion for a new trial made upon the minutes.

1Opinion of the Court

Barrett, J.:

This action is brought to recover the amount of a legacy to which the plaintiff claims to be entitled under the 4th clause of the will of Joseph P. Hale, deceased. This clause reads as follows:

“ I give, devise and bequeath absolutely unto the Unitarian Society *398of Bernardston, Franklin county, Massachusetts, the sum of ten thousand dollars (§10,000), in trust, to he invested by the trustees of that society in good interest paying securities, so much of the annual income thereof as may be necessary to be applied by the said trustees to keep in good order the lot of ground in which…

2Cases cited15 opinions

  1. Ball v. State of New YorkNew York Court of Appeals · 1977
  2. Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
  3. Williams v. . WilliamsNew York Court of Appeals · 1853
  4. Bath Gas Light Co. v. . ClaffyNew York Court of Appeals · 1896
  5. Wardens & Vestry of St. Paul's Church v. Attorney GeneralMassachusetts Supreme Judicial Court · 1895

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3Cited by15 opinions

  1. St. John v. Andrews Institute for GirlsAppellate Division of the Supreme Court of the State of New York · 1907
  2. Robb v. Washington & Jefferson CollegeAppellate Division of the Supreme Court of the State of New York · 1905
  3. In re the Will of HohnNew York Surrogate's Court · 1943
  4. Durkee v. SmithNew York Supreme Court · 1915
  5. People v. PortmanAppellate Division of the Supreme Court of the State of New York · 1913

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