Hamlin v. Osgood
New York Surrogate's Court
The testator, Asher P. Hamlin, died August 11,1858, and by his will devised and bequeathed all his real and personal estate to his executors, upon trust, to divide the whole proceeds into ninety equal parts; and, among other bequests, to pay and deliver to his niece, Lydia Day, eight of the "said ninety equal parts. To his sister, Jerutha Day, ten of the said ninety equal parts. To his nephew, James D. Hamlin, five of the said ninety equal parts.
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The testator, Asher P. Hamlin, died August 11,1858, and by his will devised and bequeathed all his real and personal estate to his executors, upon trust, to divide the whole proceeds into ninety equal parts; and, among other bequests, to pay and deliver to his niece, Lydia Day, eight of the "said ninety equal parts. To his sister, Jerutha Day, ten of the said ninety equal parts. To his nephew, James D. Hamlin, five of the said ninety equal parts. To his grand-nephew, Asher P. Hamlin, Jr., five of the said ninety equal parts. And directed that, “ in case any of the persons for whom provision…
1Opinion of the Court
The Surrogate. — Lydia Day having died before the testator, leaving no descendants, the legacy in her case lapsed. Heither her brother nor sister can take under the term descendants. Descendants does not mean next of kin, or heirs at law generally, as these terms comprehend those as well in the ascending as in the descending line, and collaterals; but it means what the word obviously imports, the issue of the body of the person named, of every degree — as children, grandchildren, and great-grandchildren. (Crassy v. Clare, Amb., 397; Le Gard v. Haworth, 1 East, 120; 1 Jarm. on Wills, 32; 2…
2Cases cited1 opinion
- Van Wyck v. BloodgoodNew York Surrogate's Court · 1850
3Cited by3 opinions
- Waldron v. TaylorWest Virginia Supreme Court · 1902
- Tompkins v. VerplanckAppellate Division of the Supreme Court of the State of New York · 1896
- Murray v. BronsonNew York Surrogate's Court · 1883