Smith v. Havens Relief Fund Society
New York Supreme Court
Action for the construction of a will.
1Opinion of the CourtLeventritt, J.
The plaintiff prays the judgment of the court construing the will of his testator. The defendants comprise, on the one hand, the direct beneficiaries, and on the other, the heirs and next of kin or their representatives, who would take as in the case of intestacy in the event of the invalidity of the trusts or gifts created by the instrument.
The general scheme of the will, which is long and elaborate, may be briefly stated. After making a number of bequests that are unattacked, nine annuities are provided for, while the bulk of the estate passes under the residuary clause to the Havens Belief…
2Cases cited18 opinions
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Society for the Propagation of the Gospel in Foreign Parts v. Town of PawletSupreme Court of the United States · 1830
- Brown v. . QuintardNew York Court of Appeals · 1903
- Schermerhorn v. . CottingNew York Court of Appeals · 1892
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3Cited by8 opinions
- In Re the Probate of the Will ShattuckNew York Court of Appeals · 1908
- In re the Appraisal of the Estate of MooreNew York Surrogate's Court · 1910
- In Re Estate of SalisburyOhio Court of Appeals · 1951
- Love v. SullivanMichigan Court of Appeals · 1966
- In re the Judicial Settlement of the Accounts of RocheNew York Surrogate's Court · 1907
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