Gross v. Moore
New York Supreme Court
Motion for new trial on exceptions. Action by John L. Gross against William L. Moore, administrator with the will annexed of Harriet Gross, deceased, and others, to declare the residuary clause of the will invalid, and for distribution of the residuary estate to plaintiff and others as testatrix’s next of kin. There was a decree in accordance with the complaint, and the defendant administrator moves for a new trial on exceptions.
1Opinion of the CourtO’BRLEjN, J.
By this action it is sought to invalidate the residuary clause in the will of Harriet Gross, deceased, which reads as follows:
“X give, devise, and bequeath unto my executor hereinafter named all the rest, remainder, and residue of my personal estate, to be distributed by him according to the instructions given him by nie.”
Upon the trial it was not shown, either by writing or by paroi, what these instructions were. The only testimony looking to this end was that given by a son of the executor, who testified that his father told him “that he had received instructions from Harriet Gross to…
2Cases cited5 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- Holland v. . AlcockNew York Court of Appeals · 1888
- Levy v. . LevyNew York Court of Appeals · 1865
- Read v. . WilliamsNew York Court of Appeals · 1891
- Prichard v. . ThompsonNew York Court of Appeals · 1884
3Cited by25 opinions
- Reynolds v. . ReynoldsNew York Court of Appeals · 1918
- Gilman v. GilmanSupreme Court of Connecticut · 1923
- Thomas v. AndersonCourt of Appeals for the Eighth Circuit · 1917
- In re the Judicial Settlement of the Account of ArmbrusterNew York Surrogate's Court · 1923
- In re the Judicial Settlement of the Account of KeenanAppellate Division of the Supreme Court of the State of New York · 1905
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