Johnston v. Hughes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Bisters of the Poor of St. Francis, from a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Hew York on the 8th day of Hovembe'r^ 1905, upon the decision of the court rendered after a trial at the Hew York Special Term in an action for the construction of a last will and testáment.
1Opinion of the Court
Clarke, J.:
The last will and testament of Joseph Hughes, deceased, contained the following clause: “Third: I give and devise to my Executors hereinafter named or such on'e of them as shall qualify, all my real estate situate, lying and being in. the State of Hew York, in trust, to sell and dispose of the same at public or private sale, and to divide the net proceeds ‘of such sale as follows: Three equal fourth parts thereof to the Trustees of St. Francis. Hospital in the City of Hew York for the benefit and use of the Blessed Virgin Mary Purgatorial Fund , of. said Hospital; one equal eighth…
2Cases cited5 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Holland v. . AlcockNew York Court of Appeals · 1888
- Bird v. . MerkleeNew York Court of Appeals · 1895
- Fosdick v. . Town of HempsteadNew York Court of Appeals · 1891
- In re Strickland's EstateNew York Supreme Court · 1892
3Cited by1 opinion
- Morris v. ScribnerNew York Court of Appeals · 1987