Russell v. Hilton
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiffs, Horace Russell and Edward D. Harris, as executors of and trustees under the last will and testament of Henry Hilton, deceased, and by the defendants, Helen Hilton and others, from portions of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 27th day of Hay, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, giving construction to various portions of…
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Cross-appeals by the plaintiffs, Horace Russell and Edward D. Harris, as executors of and trustees under the last will and testament of Henry Hilton, deceased, and by the defendants, Helen Hilton and others, from portions of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 27th day of Hay, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, giving construction to various portions of the last will and testament of Henry Hilton, deceased. Also an appeal by the defendant Albert B. Hilton from the whole of…
1Opinion of the Court
Patterson, J.:
The will now before us is inartificially drawn and in some of its provisions is obscure and vague, notwithstanding which we think that the testator’s intention as to the disposition of his property may be fully ascertained and made .effectual. The construction given by the learned justice at the Special Term to the various provisions which were drawn into controversy is, in the main and as to the more important subjects involved, in accordance with the views we entertain after a careful consideration of the arguments made at the bar by the several counsel who discussed the case…
2Cases cited8 opinions
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Lent v. . HowardNew York Court of Appeals · 1882
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Morse v. . MorseNew York Court of Appeals · 1881
- Bliven v. . SeymourNew York Court of Appeals · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lane v. CorwinCourt of Appeals for the Second Circuit · 1933
- In re the Accounting of SmithNew York Surrogate's Court · 1957
- Brooklyn Trust Co. v. KernanNew York Supreme Court · 1919
- In re the Estate of DavisonNew York Surrogate's Court · 1940
- In re the Estate of SpruceNew York Surrogate's Court · 1947
5 more not listed; retrieve them via the Exa API.