McLean v. . Freeman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment entered upon a decision of the court at Special Term. (Reported below, 9 Hun, 246.) This action was brought to obtain a construction of the will of John McLean, deceased.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment entered upon a decision of the court at Special Term. (Reported below, 9 Hun, 246.) This action was brought to obtain a construction of the will of John McLean, deceased. The testator, after various bequests, gave and devised to his son, John S. McLean, one-fourth part of all his remaining real and personal estate, and to his daughter, Mary J. Halsted, one other fourth part. He then gave to his executors one-fourth part of his estate in trust for his son, William T. McLean, and…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The trust for the benefit of Alexander McLean, under the will of his father John McLean, failed ab initio by his death without issue during the lifetime of the testator. The particular trust, therefore, never took effect, and as no act or duty was to be performed by the trustees in the execution of the trust or in the transfer of…
2Cases cited3 opinions
- Downing v. . MarshallNew York Court of Appeals · 1861
- Mowatt v. CarowNew York Court of Chancery · 1838
- Crosby v. WendellNew York Court of Chancery · 1837
3Cited by18 opinions
- Matter of HoffmanNew York Court of Appeals · 1911
- Wager v. . WagerNew York Court of Appeals · 1884
- Doolittle v. McConnellCalifornia Court of Appeal · 1924
- In re Marine Trust Co.Appellate Division of the Supreme Court of the State of New York · 1928
- In re the Judicial Settlement of the Account of MurrayAppellate Division of the Supreme Court of the State of New York · 1908
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