Hogle v. Hogle
New York Supreme Court
This was an action to construe a will. Code Civil Proc. §§ 426, 2526, provide that service on a minor under 14 years shall be made by leaving a copy of the summons with him, and one with his father, mother, or guardian. Argued before Learned, P. J., and Landon and Ingalls, JJ.
1Opinion of the CourtLearned, P. J.
In the case of Charter v. Charter, L. R. 7 H. L. 364, affirming L. R. 2 Prob. & Div. 315, the question of extrinsic evidence in regard to wills was fully discussed. 1 Moak. Eng. R. 249; 12 Moak. Eng. R. 1. It was held that evidence of the state, circumstances, and habits of the family was admissible to aid in the construction of a will; that the only case in which evidence of the declarations of the testator could fee received is where the description of the legatee, or of the thing bequeathed, is equally applicable, in all its parts, to two persons or to two things. We have cited this…
2Cases cited6 opinions
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
- Mott v. . AckermanNew York Court of Appeals · 1883
- Funk v. EgglestonIllinois Supreme Court · 1879
- White v. . HicksNew York Court of Appeals · 1865
- Warner v. Connecticut Mutual Life InsuranceSupreme Court of the United States · 1883
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3Cited by5 opinions
- Estate of CarterCalifornia Supreme Court · 1956
- American Cancer Society v. Church Divinity SchoolCalifornia Supreme Court · 1956
- McLean v. McLeanAppellate Division of the Supreme Court of the State of New York · 1916
- Chase National Bank v. Chicago Title & Trust Co.New York Supreme Court · 1934
- McLean v. McLeanNew York Surrogate's Court · 1916