Legal Opinion

In re the Construction of the Will of Johnston

Appellate Division of the Supreme Court of the State of New York

Decided June 27, 1950Published

1Opinion of the CourtDeyo, J.

This is an appeal by a legatee from a decree of the Surrogate’s Court of Albany County in a construction proceeding adjudging that a bequest to him was a gift on a condition that failed and that the bequest passed into the residuary estate.

The bequest appeared in the codicil to testatrix’ will executed April 4, 1928, and read as follows:

“ Seventh: I give and bequeath to Harris A. Stanford, of Saratoga Springs, New York, now in my employ, my two (2) riding mares known as ‘ Bessie ’ and ‘ Daisy,’ respectively, together with all saddles, harness and equipment owned by me and used in connection…

2Cases cited25 opinions

Sherman v. Richmond Hose Co. No. 2New York Court of Appeals · 1921
Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
Tillman v. . OgrenNew York Court of Appeals · 1920
In Re the Estate of HayesNew York Court of Appeals · 1934
In Re the Accounting of National Bank & Trust Co.New York Court of Appeals · 1931

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