Riker v. . Cornwell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 17, 1887, which affirmed a judgment entered on a decision of the court on trial at Special Term. This action was brought by plaintiffs, as executors of the will of Sarah Burr, deceased, to obtain a judicial construction of said will. The material portions of the will are set forth in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 17, 1887, which affirmed a judgment entered on a decision of the court on trial at Special Term. This action was brought by plaintiffs, as executors of the will of Sarah Burr, deceased, to obtain a judicial construction of said will. The material portions of the will are set forth in the opinion. The second clause of the second codicil is not a residuary clause, but is a specific bequest of residue to particular legatees; and in case it should be held that the…
1Opinion of the CourtGray, J.
The appellants ask us to reverse the judgments below, for errors in the construction by the court of the will of Sarah Burr, deceased. Their principal contention is that certain dispositions of her property, made by way of legacies for charitable and religious purposes, were invalid or ineffectual, and that such gifts neither were carried by the provisions of the will, which were made for the residuary legatees, nor vested in the persons named as executors, under certain other clauses. If they are right in their views, the result would be that, as to so much of her estate, testatrix had died…
2Cases cited5 opinions
- Kerr v. . DoughertyNew York Court of Appeals · 1880
- Matter of Accounting of BensonNew York Court of Appeals · 1884
- Floyd v. . CarowNew York Court of Appeals · 1882
- James v. JamesNew York Court of Chancery · 1833
- King v. WoodhullNew York Court of Chancery · 1837
3Cited by74 opinions
- Albany Hospital v. . Albany Guardian SocietyNew York Court of Appeals · 1915
- Lamb v. . LambNew York Court of Appeals · 1892
- In Re the Probate of the Last Will & Testament of MinerNew York Court of Appeals · 1895
- Morton v. . WoodburyNew York Court of Appeals · 1897
- In Re Estate of UphamCalifornia Supreme Court · 1899
69 more not listed; retrieve them via the Exa API.