Morton v. . Woodbury
New York Court of Appeals
Appeal by the executors of Thomas Harward, deceased, from a judgment of the General Term of the Supreme Court in the first judicial department, entered nunopro timo as of March 1, 1895, which modified and, as so modified, affirmed a final judgment entered upon a decision of the court on trial at Special Term. The action was brought by the executors of Lizzie H. Perkins for the construction of her will. The will was as follows: “ I, Lizzie JET.
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Appeal by the executors of Thomas Harward, deceased, from a judgment of the General Term of the Supreme Court in the first judicial department, entered nunopro timo as of March 1, 1895, which modified and, as so modified, affirmed a final judgment entered upon a decision of the court on trial at Special Term. The action was brought by the executors of Lizzie H. Perkins for the construction of her will. The will was as follows: “ I, Lizzie JET. Perkins, now in the city of Paris, do now make and declare this as my last will and testament. “After the payment of all my just debts and funeral…
1Opinion of the CourtMartin, J.
This court is called upon to construe the will of the testatrix, and, if possible, under existing rules of law, to ascertain her intent, and thereby determine the devolution of her estate. The will was holographic, written by the testatrix when in a foreign land, distant from home and friends, and it is manifest that she was unaided in its preparation by legal counsel or professional advice. Under these circumstances, that we find it to have been inartificially and unskillfully written, rendering the intent and meaning of the testatrix somewhat obscure and uncertain, excites no surprise. Yet…
2Cases cited7 opinions
- Kerr v. . DoughertyNew York Court of Appeals · 1880
- Matter of Accounting of BensonNew York Court of Appeals · 1884
- Riker v. . CornwellNew York Court of Appeals · 1889
- Lamb v. . LambNew York Court of Appeals · 1892
- In Re the Probate of the Last Will & Testament of MinerNew York Court of Appeals · 1895
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3Cited by52 opinions
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Wright v. . WrightNew York Court of Appeals · 1919
- In Re Estate of UphamCalifornia Supreme Court · 1899
- In re the Estate of MahlstedtNew York Surrogate's Court · 1931
- Hacker v. HackerAppellate Division of the Supreme Court of the State of New York · 1912
47 more not listed; retrieve them via the Exa API.