March v. . March
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May-26, 19Ó5, which affirmed a judgment of Special Term construing the will of Peter S. March, deceased. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May-26, 19Ó5, which affirmed a judgment of Special Term construing the will of Peter S. March, deceased. The facts, so far as material, are stated in the opinion. The phrase contained in the 4th clause of paragraph 5 of the will, “in the event of the death of any of my children before the conveyance and payment to him of the share of my estate herein given to him,” is not to be construed as referring to the physical facts of conveyance and payment, but to the accruing of the right…
1Opinion of the Court
Haight, J.. This action was brought to obtain a construction of the last will and testament of Peter S. March, who died in the city of Hew York on the 11th day of February, 1899. The questions about.which the parties differ arise under the fifth clause of the will, which provides as follows:
‘ “ Fifth. I give, devise and bequeath all the rest, residue and remainder of my estate and property, as well real as personal, of which I shall die seized, possessed or entitled and wheresoever situate, To my Executors and Trustees hereinafter named and to the survivors and survivor of them In Trust for…
2Cases cited12 opinions
- Lent v. . HowardNew York Court of Appeals · 1882
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
- Williams v. . JonesNew York Court of Appeals · 1901
- Hennessy v. . PattersonNew York Court of Appeals · 1881
- Hope v. . BrewerNew York Court of Appeals · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
- In re Will of LarkinNew York Court of Appeals · 1961
- Fell v. McCreadyAppellate Division of the Supreme Court of the State of New York · 1932
- Kasper v. KellarCourt of Appeals for the Eighth Circuit · 1954
- In re the Estate of ShumwayNew York Surrogate's Court · 1930
28 more not listed; retrieve them via the Exa API.