Fosdick v. . Town of Hempstead
New York Court of Appeals
Cboss-appeals from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 10,1890, which modified and affirmed as modified a judgment construing the will of Abraham Hewlett, deceased, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material,, are stated in the opinion. The town of Hempstead had no capacity to receive the legacy.
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Cboss-appeals from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 10,1890, which modified and affirmed as modified a judgment construing the will of Abraham Hewlett, deceased, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material,, are stated in the opinion. The town of Hempstead had no capacity to receive the legacy. (Lorillard v. Town of Monroe, 11 N. Y. 392; Maxmilian v. Mayor, etc., 62 id. 160, 165; City of Rochester v. Town of Rush, 80 id. 302;…
1Opinion of the Court
■Peckham, J.
Abraham Hewlett of the town of Hempstead in Queens county duly executed his will, and having died, it was admitted to probate. Questions arising upon the proper' construction of some portions of it, this action was brought to' obtain a judicial construction thereof.
By the tenth section of the will the testator gave and devised the residue of his estate to trustees for the establishment of a school and its permanent endowment, for the education and benefit of such persons as should be admitted thereto by the trustees or their successors; the school was to be located in the-town of…
2Cases cited7 opinions
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Holland v. . AlcockNew York Court of Appeals · 1888
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Holmes v. . MeadNew York Court of Appeals · 1873
- Power v. . CassidyNew York Court of Appeals · 1880
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3Cited by35 opinions
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- Fairchild v. . Edson Edson v. . BartowNew York Court of Appeals · 1897
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- In Re Proving the Last Will & Testament of GriffinNew York Court of Appeals · 1901
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