Legal Opinion

Hewlett v. . Elmer

New York Court of Appeals

Decided October 5, 1886PublishedCited by 19 opinions

Appeal from judgment of the General Term of the Supreme Court, m the first judicial department, entered upon an order made May 11, 1883, affirming certain decrees of the surrogate of the county of New York, the substance of which, as well as the material facts, are set forth in the opinion. As the proceedings in this case were commenced before the surrogate of the county of N ew York in the year 1878, this court will consider and determine upon the facts as well as the law.

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Appeal from judgment of the General Term of the Supreme Court, m the first judicial department, entered upon an order made May 11, 1883, affirming certain decrees of the surrogate of the county of New York, the substance of which, as well as the material facts, are set forth in the opinion. As the proceedings in this case were commenced before the surrogate of the county of N ew York in the year 1878, this court will consider and determine upon the facts as well as the law. (Laws of 1881, chap. 681, and Laws of 1883, chap. 229, amending subd. 11 of § 3347 of tit. 2 of chap. 22 of the Code of…

1Opinion of the CourtDanforth, J.

Samuel Wood made his will in July, 1872. He was possessed of a large estate, and after giving considerable sums'of money to his relations, provided through trustees for the founding and endowment of an institution to be called “The Samuel Wood Benevolent Institute,” and a hospital similar to the institution known as St. Luke’s Hospital in Hew York, at the same time declaring the purpose and object of the institute to be “ to assist and maintain ” such of his relations and kindred, with certain exceptions, as shall in the opinion and judgment of his trustees need assistance, and gave to those…

2Cases cited3 opinions

  1. Robinson v. . RaynorNew York Court of Appeals · 1863
  2. Schenck v. . DartNew York Court of Appeals · 1860
  3. Batterman v. FinnNew York Court of Appeals · 1869

3Cited by19 opinions

  1. Szuchy v. . Hillside Coal Iron Co.New York Court of Appeals · 1896
  2. Smith v. . GeigerNew York Court of Appeals · 1911
  3. Croveno v. . Atlantic Ave. R.R. Co.New York Court of Appeals · 1896
  4. In re Roberts' EstateNew York Supreme Court · 1893
  5. Brady v. FontenotSupreme Court of Louisiana · 1913

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