Post v. Hover
New York Supreme Court
THIS action was brought to obtain a judicial construction of a portion of the last will and testament of John Hover, deceased. It was tried at the Columbia circuit, held in September, 1858, Hon. Geo. Gould, J. presiding, who directed that a verdict be entered against the plaintiffs, establishing each and all the provisions of the said last will and testament which are in controversy in this suit, subject to the opinion of this court at a general term.
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THIS action was brought to obtain a judicial construction of a portion of the last will and testament of John Hover, deceased. It was tried at the Columbia circuit, held in September, 1858, Hon. Geo. Gould, J. presiding, who directed that a verdict be entered against the plaintiffs, establishing each and all the provisions of the said last will and testament which are in controversy in this suit, subject to the opinion of this court at a general term. The portions of the will sought to be questioned are as follows: “Secondly: I give, devise and bequeath unto my three grandchildren, viz.…
1Opinion of the Court
By the Court, Hogeboom, J.
The will in question is not altogether unambiguous in its terms. It becomes therefore important to determine the intent of the testator, before we attempt to settle the other question, whether this intent, as expressed in the will, is consistent with the rules of law.
The clause of the will more particularly in controversy devises a part of the homestead farm to his three grandchildren, Erastus, Mary Elizabeth and John Hover, share and share alike, but subject to the payment of debts and legacies and to the conditions thereinafter stated. These conditions are, that…
2Cases cited12 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Bowers v. SmithNew York Court of Chancery · 1843
- De Peyster v. ClendiningNew York Court of Chancery · 1840
- Darling v. Rogers & SagoryCourt for the Trial of Impeachments and Correction of Errors · 1839
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3Cited by4 opinions
- Burke v. ValentineNew York Supreme Court · 1868
- United States v. National Gypsum Co.District Court, W.D. New York · 1942
- Chipman v. MontgomeryNew York Supreme Court · 1875
- Matteson v. MattesonNew York Supreme Court · 1875