Read v. . Williams
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 7, 1889, which affirmed a judgment entered upon a decision of the court on trial at Special Term which adjudged certain clauses in the last will and second codicil thereto of Catherine 31. McCoskry, deceased, to be invalid.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 7, 1889, which affirmed a judgment entered upon a decision of the court on trial at Special Term which adjudged certain clauses in the last will and second codicil thereto of Catherine 31. McCoskry, deceased, to be invalid. This action was brought by certain of the next of kin and heirs at law of Catherine M. McCoskry, deceased, to determine the validity of certain clauses in her last will and testament and the codicils thereto. • The material portions of the…
1Opinion of the CourtAndrews, J.
The jurisdiction of a court of equity to entertain an action in behalf of the next of kin of a testator for the construction of a will disposing of personal estate where the disposition made by the testator is claimed to be invalid or inoperative for any cause was asserted by the chancellor in Bowers v. Smith (10 Pai. 200), and was maintained in Wager v. Wager (89 N. Y. 161), and in Holland v. Alcock (108 id. 312).
It is true that in such cases the next of kin claim in hostility to the will, but the executors, in case .the disposition made by the testator is invalid or cannot take effect, hold…
2Cases cited5 opinions
- Chipman v. . MontgomeryNew York Court of Appeals · 1875
- Wager v. . WagerNew York Court of Appeals · 1882
- Bowers v. SmithNew York Court of Chancery · 1843
- Horton v. . CantwellNew York Court of Appeals · 1888
- Prichard v. . ThompsonNew York Court of Appeals · 1884
3Cited by70 opinions
- Allen v. . StevensNew York Court of Appeals · 1899
- Kalish v. . KalishNew York Court of Appeals · 1901
- Harrington v. PierWisconsin Supreme Court · 1900
- Fairchild v. . Edson Edson v. . BartowNew York Court of Appeals · 1897
- People v. . PowersNew York Court of Appeals · 1895
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