Trunkey v. . Van Sant
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 4, 1903, reversing a judgment in favor of appellants herein entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 4, 1903, reversing a judgment in favor of appellants herein entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The words “ to have and to hold the same to themselves, their heirs and assigns forever,” even though followed by the words “ upon the uses and trusts,” was a gift of the entire estate to the three persons named. (3 Redf. on Wills [4th ed.], 599 ; Trask v.…
1Opinion of the CourtWerner, J.
This is a contest between heirs at law and legatees over the construction of a will. On the 28th day of May, 1902, Sarah M. Berlin died, leaving a last will dated May 19th, 1902, in thfe following, form: “Being of feeble health, but of sound mind, at the time of making and publishing this, my last Will and Testament, I give and devise all my estate, real and personal, whereof I may died seized or possessed, to Mrs. Jane B. Van Sant, of Philadelphia; Mrs. Julia D. Lawrence, of ITew York City, and Louis Faugeres Bishop, of the same place, to have and to hold the same to themselves, their heirs…
2Cases cited2 opinions
- Morton v. . WoodburyNew York Court of Appeals · 1897
- Clay v. . WoodNew York Court of Appeals · 1897
3Cited by7 opinions
- Betker v. NalleyCourt of Appeals for the D.C. Circuit · 1944
- Scherling v. Ehrenkranz (In Re Eljay Jrs., Inc.)United States Bankruptcy Court, S.D. New York · 1989
- In re the Estate of McCoyNew York Surrogate's Court · 1906
- Tillman v. OgrenNew York Supreme Court · 1917
- In re StaudtAppellate Division of the Supreme Court of the State of New York · 1933
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