Hopkins v. . Kent
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 July 27, 1894, which affirmed a judgment construing the will of Henry A. Kent, deceased, entered upon a decision of the court on trial at Special Term. The nature of the action, the facts and provisions of said will, so far as material, are set forth in the opinion.
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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 July 27, 1894, which affirmed a judgment construing the will of Henry A. Kent, deceased, entered upon a decision of the court on trial at Special Term. The nature of the action, the facts and provisions of said will, so far as material, are set forth in the opinion. A passive trust has never been held to be intended except in cases of gift or grant to one “for the benefit of another” simpliciter, in the very language of the statute, or cases in which the absolute right…
1Opinion of the CourtO’Brien, J.
The plaintiffs, as executors of the will of Henry A. Kent, who died March 1, 1893, brought this action for the purpose of procuring a judicial construction of its several provisions. The will bears date October 23d, 1891, is holographic, and its disposing clauses read as follows:
“ I, Henry A. Kent, of the city of Brooklyn, county of Kings and state of New York, do make, publish and declare this my last will and testament as follows :
“ I give, devise and. bequeath to my children, to wit, Susan W. Hopkins, Frances K. Sanger, Sheldon L. Kent and Henry O. Hopkins, my son-in-law, and to their…
2Cases cited3 opinions
- Roe v. . VingutNew York Court of Appeals · 1889
- Locke v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
- Cooke v. . PlattNew York Court of Appeals · 1885
3Cited by17 opinions
- Matter of GallienNew York Court of Appeals · 1928
- Jacoby v. . JacobyNew York Court of Appeals · 1907
- Seitz v. . FavershamNew York Court of Appeals · 1912
- In re the Probate of the Last Will & Testament De RyckeAppellate Division of the Supreme Court of the State of New York · 1904
- Denison v. . DenisonNew York Court of Appeals · 1906
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