In re the Judicial Settlement of the Account of Hohman
New York Supreme Court
Appeal from a decree of the surrogate of Oneida county adjudging that a residuary devise and bequest to an infant vested in him, and that upon his death unmarried and intestate it passed to his heirs-at-law and next of kin.
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Appeal from a decree of the surrogate of Oneida county adjudging that a residuary devise and bequest to an infant vested in him, and that upon his death unmarried and intestate it passed to his heirs-at-law and next of kin. On the 7th of August, 1875, John B. Wasmer, of Utica, died,, leaving a last will and testament, dated December 12, 1874, which was admitted to probate bj^ the surrogate of Oneida county on the 28th of September, 1875. By the second clause of said will the testator gave to his wife Mary his homestead and household property during her natural life, with an annuity of $600.…
1Opinion of the Court
YaNn, J.:
The only question presented by the learned counsel for the appellants in his brief or argument is whether Agnes Hohman, or the personal representative of John B. Wasmer, the deceased nephew of the testator, is entitled to the sum of $4,451.41, deposited with the surrogate of Oneida county. That sum represents one-half of the residuum of the estate bequeathed by the nineteenth clause of the will to said John B. Wasmer, the other half having already been paid over to Agnes Hohman under the twentieth clause. As said John B. Wasmer left no child, descendant or widow, and had not reached…
2Cases cited8 opinions
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Campbell v. . BeaumontNew York Court of Appeals · 1883
- Clarke v. . LeuppNew York Court of Appeals · 1882
- Bell County v. AlexanderTexas Supreme Court · 1858
- Schermerhorn v. NegusCourt for the Trial of Impeachments and Correction of Errors · 1845
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