Legal Opinion

White v. . Howard

New York Court of Appeals

Decided September 2, 1871PublishedCited by 121 opinions

Appeals from judgment of the late General Term of the first judicial district, affirming judgment entered upon the decision of the court at Special Term, giving construction to the will of William Bostwick, as hereinafter stated.

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Appeals from judgment of the late General Term of the first judicial district, affirming judgment entered upon the decision of the court at Special Term, giving construction to the will of William Bostwick, as hereinafter stated. William Bostwick, a widower, whose residence and domicil were at New Haven, in the State of Connecticut, died there, April 10, 1863, leaving a will, dated May 23, 1860, to which were attached two codicils, dated, respectively, April 1,1861, and August 16, 1862. There survived him one child, a daughter, Frances Howard Bostwick, his only heir-at-law and next of kin.…

1Opinion of the CourtGrover, J.

The testator, William Bostwick, at the time of his death, in April, 1863, was a resident of the State of Connecticut, and had been, for a number of years prior thereto. The validity of the bequests of his personal property, and all questions of succession thereto, or rights therein, must be determined under the laws of that State, and by the courts of that State, when the property, or those having the possession and control thereof, are within its jurisdiction. (Parsons v. Lyman, 20 N. Y., 103; Moultrie v. Hunt, 23 id., 394; Story on Conflict of Laws, § 468.) In addition to his personal…

2Cases cited3 opinions

  1. Parsons v. . LymanNew York Court of Appeals · 1859
  2. Bascom v. . AlbertsonNew York Court of Appeals · 1866
  3. Sherwood v. American Bible SocietyNew York Court of Appeals · 1864

3Cited by121 opinions

  1. United States v. PerkinsSupreme Court of the United States · 1896
  2. United States v. FoxSupreme Court of the United States · 1877
  3. Matter of Estate of PrimeNew York Court of Appeals · 1893
  4. Cross v. United States Trust Co.New York Court of Appeals · 1892
  5. Harden v. Mass Transit AdministrationCourt of Appeals of Maryland · 1976

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