Henderson v. . Henderson
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 13,188Y, which reversed a judgment construing the will of John 0. Henderson, deceased, entered upon a decision of the court on trial without a jury. The material facts are stated in the opinion. The court should have endeavored to sustain the will.
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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 13,188Y, which reversed a judgment construing the will of John 0. Henderson, deceased, entered upon a decision of the court on trial without a jury. The material facts are stated in the opinion. The court should have endeavored to sustain the will. (DuBois v. Ray, 35 N. Y. 162; Post v. Hover, 33 id. 601; Harrison v. Harrison, 36 id. 543; Roseboom v. Roseboom, 81 id. 356; Van Nostrand v. Moore, 52 id. 12; Van Vechten v. Keator, 63 id. 52; Oxley v. Lane, 35 id.…
1Opinion of the CourtGray, J.
The questions, which this appeal brings before us for review, relate to the validity of the disposition which was made by this testator of his residuary estate. The sixth clause of his will provides as follows: “ All the rest, residue and remainder of my estate,- both real and personal, and wheresoever situated, I hereby authorize, empower and direct my executor to partition, divide and apportion equally among all my children living at the time of making such partition and division, and the child or children of such of my children as may then be dead, leaving issue. * * * And I do hereby…
2Cases cited5 opinions
- Robert v. . CorningNew York Court of Appeals · 1882
- Post v. . HoverNew York Court of Appeals · 1865
- Harrison v. . HarrisonNew York Court of Appeals · 1867
- Tiers v. . TiersNew York Court of Appeals · 1885
- Heermans v. . RobertsonNew York Court of Appeals · 1876
3Cited by51 opinions
- Kalish v. . KalishNew York Court of Appeals · 1901
- Greene v. . GreeneNew York Court of Appeals · 1891
- In Re the Accounting of WilcoxNew York Court of Appeals · 1909
- In Re the Probate of Will of HitchcockNew York Court of Appeals · 1917
- Edgerly v. BarkerSupreme Court of New Hampshire · 1891
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