Palmer v. . Horn
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt, in the first judicial department, entered upon an order made the first Monday of January, which affirmed a judgment entered upon a decision of the court on trial at Special Term. (Reported below, 20 Hun, 70.) This action was brought by plaintiffs as executors of the will of Erancis B. Hegemen, deceased, to obtain a construction of certain clauses in his will.
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Appeal from judgment of the General Term of the Supreme Oourt, in the first judicial department, entered upon an order made the first Monday of January, which affirmed a judgment entered upon a decision of the court on trial at Special Term. (Reported below, 20 Hun, 70.) This action was brought by plaintiffs as executors of the will of Erancis B. Hegemen, deceased, to obtain a construction of certain clauses in his will. The only one in question here was the seventh clause which is set forth in the opinion, with the facts pertaining thereto. The word “ children ” as used in the will is to be…
1Opinion of the CourtEarl, J.
This action was brought to obtain a construction 1 of the will of Frances B. Hcgeman, deceased. The seventh clause of the will only needs consideration upon this appeal, and that is as follows: “ To divide the sum of twenty thousand dollars into as many shares as there shall be lawful issue of my deceased nephew, Matthew Horn, living at my death, and to invest the same and apply the interest and income from each of said shares to the use of each of the said children respectively, and as they respectively depart this life to pay over the principal of said share to their lawful issue, share and…
2Cases cited2 opinions
- Mowatt v. CarowNew York Court of Chancery · 1838
- King v. SavageMassachusetts Supreme Judicial Court · 1876
3Cited by73 opinions
- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- Soper v. . BrownNew York Court of Appeals · 1892
- Arnold v. AldenIllinois Supreme Court · 1898
- Matter of PulisNew York Court of Appeals · 1917
- Brisbin v. HuntingtonSupreme Court of Iowa · 1905
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