Greenwood v. . Holbrook
New York Court of Appeals
Appeal by defendant, Isaac T. Greenwood, from judgment of the General Term" of the Supreme Court in- the first judicial department, entered upon an order made December 31, 1886, which affirmed a judgment of Special Term in favor of the executors of the last will and testament of William W. Wright, deceased. (Reported below, 42 Hun, 633.) The material facts, other than those stated in the opinion, are as follows: .The plaintiff is the widow of Isaac John Greenwood.
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Appeal by defendant, Isaac T. Greenwood, from judgment of the General Term" of the Supreme Court in- the first judicial department, entered upon an order made December 31, 1886, which affirmed a judgment of Special Term in favor of the executors of the last will and testament of William W. Wright, deceased. (Reported below, 42 Hun, 633.) The material facts, other than those stated in the opinion, are as follows: .The plaintiff is the widow of Isaac John Greenwood. He died on the 14th of May, 1865, leaving a widow, two daughters, Sarah B., wife of William A. Martin, and Eliza Jane, wife of…
1Opinion of the CourtDanforth, J.
We differ from the conclusion of the court below (42 Hun, 633), and are of opinion that the proper construction of the agreement in question requires us to hold that the phrase “ legal representatives ” contained in it means “ next of kin ” to the child dying, and not the executors or administrators of that child. It must be conceded that it might mean either, and numerous cases are referred to in support of the contention of each party. Ho one case is, however, so like the present as to require its adoption, and little instruction would be given by an analysis of the decisions. Each judgment…
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