Kerr v. . Dougherty
New York Court of Appeals
These are appeals by the plaintiffs and various of the defendants from a judgment of the General Term of the Supreme Court, in the first judicial department, which modified and affirmed as modified a judgment, entered upon a decision of tho court on trial at Special Term. (Mem. of decision below, 17 Hun, 341.) This action was brought by plaintiffs as executors of the will of Henry A. Kerr, deceased, to obtain a construction of said will.
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These are appeals by the plaintiffs and various of the defendants from a judgment of the General Term of the Supreme Court, in the first judicial department, which modified and affirmed as modified a judgment, entered upon a decision of tho court on trial at Special Term. (Mem. of decision below, 17 Hun, 341.) This action was brought by plaintiffs as executors of the will of Henry A. Kerr, deceased, to obtain a construction of said will. The will was executed December 8, 1876; the testator died December 31, 1876; he was at the time of the execution of the will a resident of the city of Hew…
1Opinion of the CourtMiller, J.
Numerous questions arise upon this appeal in regard to the construction of the will of the testator. Most of them are sufficiently considered in the elaborate opinion of the judge at Special Term, and the discussion here will be confined to such of them as are deemed material for a proper disposition of the case.
The legacy to the directors of the Union Theological Seminary, of the city of New York, of the sum of $10,000, devised by the fifth clause of the will, is claimed to be void on several grounds, and mainly for the reason that it is in conflict with the provisions of section 6 of…
2Cases cited4 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Lefevre v. . LefevreNew York Court of Appeals · 1875
- Beekman v. . BonsorNew York Court of Appeals · 1861
- King v. WoodhullNew York Court of Chancery · 1837
3Cited by90 opinions
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Wright v. . WrightNew York Court of Appeals · 1919
- Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
- Matter of Accounting of BensonNew York Court of Appeals · 1884
- Riker v. . CornwellNew York Court of Appeals · 1889
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