United States Trust Co. v. Hogencamp
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the ■ first judicial department, entered December 12, 190G, which affirmed a judgment of Special Term construing the will of Mary E. Campbell, deceased. The facts, so far as material, are stated in the opinion. Sarah F. Roberts having died during the lifetime of the testatrix, the legacy given to her lapsed.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the ■ first judicial department, entered December 12, 190G, which affirmed a judgment of Special Term construing the will of Mary E. Campbell, deceased. The facts, so far as material, are stated in the opinion. Sarah F. Roberts having died during the lifetime of the testatrix, the legacy given to her lapsed. (Chrystie v. Phyfe, 22 Barb. 220; Bishop v. Bishop, 4 Hill, 138; Armstrong v. Moran, 1 Bradf. 314; Vernon v. Vernon, 53 N. Y. 351; Downing v. Marshall, 23 N. Y. 370; Matter of Wells, 113 N. Y. 396; Matter of Tienken,…
1Opinion of the CourtHaight, J.
This action was brought for an accounting by the executor and for a construction of the will of Mary Eliza Campbell, deceased. The only question presented for the determination of this court is as to the meaning of the third clause of her will, which is as follows:
‘‘All the rest, residue and remainder of my estate, real and personal, of every name and nature, wherever situated and whenever acquired, I give, devise and bequeath tó my said executor, to invest, personal care for, and collect rents of realty, and after deducting all proper costs and charges, to pay the net income to my husband,…
2Cases cited4 opinions
- Downing v. . MarshallNew York Court of Appeals · 1861
- Williams v. . JonesNew York Court of Appeals · 1901
- Norris v. . BeyeaNew York Court of Appeals · 1855
- Wager v. . WagerNew York Court of Appeals · 1884
3Cited by14 opinions
- In Re the Probate of Will of HitchcockNew York Court of Appeals · 1917
- Low v. Bankers Trust Co.New York Court of Appeals · 1936
- In Re Proving the Will of FordhamNew York Court of Appeals · 1923
- Matter of BieleyNew York Court of Appeals · 1998
- In re the Estate of SchloessingerNew York Surrogate's Court · 1972
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