Rushmore v. Rushmore
New York Supreme Court
Appeal from special term, Ontario county. Action by John W\ Rushmore, as executor, etc., of Jeremiah Rushmore, ¡against Frank Rushmore and others, impleaded with Mary Rushmore.
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Appeal from special term, Ontario county. Action by John W\ Rushmore, as executor, etc., of Jeremiah Rushmore, ¡against Frank Rushmore and others, impleaded with Mary Rushmore. Frank Rushmore appeals from so much of the judgment entered on the decision oi this court at special term as limited the legacy given to him by the last will of Jeremiah Rushmore upon the condition that the legatee answer certain requirements made in the will in respect to his habits, character, etc.; defendant E. Adelbert Adams, as trustee of school-district No. 11 in the town of Farmington, appeals from that part of…
1Opinion of the CourtMacomber, J.
This action is brought for the construction of the last will and testament of Jeremiah Rushmore. In respect to the appeal of Frank Rushmore, it may be said, in brief, that the legacy of $3,000 to him, mentioned in the fourteenth and twentieth clauses of the will, is plainly made payable not until he arrives at 25 years of age, and even then not until after the decease of the testator’s wife, Mary Rushmore; and provided, further, that lie should possess such traits of character and business habits as to assure the executor, at the time of the payment of the money, that the legatee will make a…
2Cases cited4 opinions
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Levy v. . LevyNew York Court of Appeals · 1865
- Oliver Lee & Co's Bank v. WalbridgeNew York Court of Appeals · 1859
3Cited by3 opinions
- In re the Estate of ForteNew York Surrogate's Court · 1933
- Siders v. SidersMassachusetts Supreme Judicial Court · 1897
- In re the Estate of LesserNew York Surrogate's Court · 1936