Smith v. . Edwards
New York Court of Appeals
Appeal from '(judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December, 16, 1880, which modified, and affirmed as modified, a judgniient entered upon a decision of the court on trial at Special Teijin.
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Appeal from '(judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December, 16, 1880, which modified, and affirmed as modified, a judgniient entered upon a decision of the court on trial at Special Teijin. (Deported below, 23 Hun, 223.) This action was Drought to obtain a construction of the will of Hervey Edward, bate of Fayetteville, Onondaga county, who died November 30, i<1868, leaving a large estate, real and personal. There was a residuary fund realized out of the estate not disposed of by the will. The provisions of the will…
1Opinion of the CourtFinch, J.
Three clauses of the testator’s will are submitted for our construction. Two of them may be better understood and explained if we first dispose of the graver and more difficult questions which arise out of the sixteenth clause. That begins with a statement that the testator has $30,000 invested in United States registered bonds. He does not give this fund expressly to his executors, but, assuming that it will come to their hands as such, he directs that they keep it invested until his youngest grandchild, “ now born, or that may hereafter be born,” before “ final distribution ” of his estate,…
2Cases cited4 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Tucker v. . BishopNew York Court of Appeals · 1857
- Van Vechten v. Van VeghtenNew York Court of Chancery · 1840
- Van Wyck v. BloodgoodNew York Surrogate's Court · 1850
3Cited by142 opinions
- In Re the Accounting of BuechnerNew York Court of Appeals · 1919
- Baer v. HendricksNew York Court of Appeals · 1895
- In Re the Accounting of CraneNew York Court of Appeals · 1900
- Rudd v. . CornellNew York Court of Appeals · 1902
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
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