Haug v. Schumacher
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Henry J. Schmuacher and another, individually and as executors of and trustees named in the last will and testament of John 0. Haug, deceased, and others, from the following portions of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 9th day of Hovember, 1899, upon the decision of the court rendered after a trial at the Hew York Special Term construing the last will and…
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Appeal by the defendants, Henry J. Schmuacher and another, individually and as executors of and trustees named in the last will and testament of John 0. Haug, deceased, and others, from the following portions of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 9th day of Hovember, 1899, upon the decision of the court rendered after a trial at the Hew York Special Term construing the last will and testament of John C. Haug, deceased, viz.: 1. They appeal from that part or paragraph of said judgment numbered VII,…
1Opinion of the Court
Woodward, J.:
This action was brought for the purpose of construing the last will and testament of John C. Haug, deceased, which was duly admitted to probate as a will of both real and personal property. There is no dispute as to the 1st, 2d, 3d, 4th and 5th clauses, and it is conceded by all parties that the 6th clause is void because it undertakes to suspend the power of alienation for a period beyond the limits fixed by the statutes. It is, however, conceded that the 6tli clause is not a material element of the will, and that it may be dropped from'consideration, except in so far as it has…
2Cases cited7 opinions
- Clark v. . CammannNew York Court of Appeals · 1899
- Greene v. . GreeneNew York Court of Appeals · 1891
- Roe v. . VingutNew York Court of Appeals · 1889
- Vanderpoel v. . LoewNew York Court of Appeals · 1889
- Hersee v. . SimpsonNew York Court of Appeals · 1897
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3Cited by6 opinions
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- Walter v. HamAppellate Division of the Supreme Court of the State of New York · 1902
- Ong v. ColeCalifornia Court of Appeal · 1920
- Farney v. WeirichNew York Supreme Court · 1906
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