In Re Proving the Will of Mount
New York Court of Appeals
Appeal from a judgment of tlie Appellate Division of the Supreme Court in the first judicial department, entered July 26, 1905, which affirmed so much of a decree of the New York County Surrogate’s Court admitting the will of Charlotte A. Mount, deceased, to probate as adjudged certain trusts created thereby to be valid and refused to determine the validity of other trusts created by the residuary clause of such will.
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Appeal from a judgment of tlie Appellate Division of the Supreme Court in the first judicial department, entered July 26, 1905, which affirmed so much of a decree of the New York County Surrogate’s Court admitting the will of Charlotte A. Mount, deceased, to probate as adjudged certain trusts created thereby to be valid and refused to determine the validity of other trusts created by the residuary clause of such will. This trust is void as suspending the absolute ownership of the personalty for a period not measured by any one life or any two lives in being at the death of the testatrix.…
1Opinion of the Court
Cullen, Ch. J.
The appellants are certain of the next'of kin of Charlotte A. Mount, who died in the city of Bew York, March 27th, 1904, leaving a last will and testament. On the proceedings for the probate of the will the appellants pnt in issue the validity, construction and effect of the disposition of the testatrix’s personal property contained in the following provision : “ Ninth. I give, devise and bequeath all the rest, residue and remainder of my estate, real and personal of what nature and kind soever, and wherever situated to my executors who shall qualify as such under the Thirteenth…
2Cases cited5 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Chipman v. . MontgomeryNew York Court of Appeals · 1875
- Horton v. . CantwellNew York Court of Appeals · 1888
- In Re the Judicial Settlement of the Accounts of the ExecutorsNew York Court of Appeals · 1883
- Moore v. . HegemanNew York Court of Appeals · 1878
3Cited by140 opinions
- Matter of DurandNew York Court of Appeals · 1928
- Matter of TrevorNew York Court of Appeals · 1924
- In Re the Will of HornerNew York Court of Appeals · 1924
- Matter of HoffmanNew York Court of Appeals · 1911
- In Re the Probate of Will of HitchcockNew York Court of Appeals · 1917
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