Legal Opinion

Lehman v. Spicer

New York Supreme Court

Decided January 15, 1919PublishedCited by 4 opinions

Motion for judgment on the pleadings.

1Opinion of the CourtBenedict, J.

This is a motion by plaintiff for judgment upon the pleadings, consisting of complaint and demurrer. It involves the construction of portions of two wills. Martha E. MeLoughlin, by her last will and testament, devised and bequeathed her residuary estate to trustees upon legal expressed trusts, directing them to divide the estate into as many shares as would make one share for each child of hers and one for the descendant or descendants taken together of each child who shall have died before her leaving *722descendant or descendants then living. She directed that “ upon the death of any child of…

2Cases cited4 opinions

  1. Crooke v. . County of KingsNew York Court of Appeals · 1884
  2. Maitland v. BaldwinNew York Supreme Court · 1893
  3. Cheever v. CheeverAppellate Division of the Supreme Court of the State of New York · 1916
  4. Frear v. PugsleyNew York Supreme Court · 1894

3Cited by4 opinions

  1. In re the Estate of WildenburgNew York Surrogate's Court · 1940
  2. In re the Estate of JacksonNew York Surrogate's Court · 1940
  3. In re the Estate of FrenchNew York Surrogate's Court · 1922
  4. Massey v. Guaranty Trust Co.Nebraska Supreme Court · 1942

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