Montignani v. . Blade
New York Court of Appeals
Cross-appeals from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 14, 1893, which modified and affirmed as modified a judgment construing the will of Bernardus E. Staats, deceased, entered upon a decision of the court on trial at Special Term. This action was brought for a construction of the will of Bernardus E. Staats, deceased.
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Cross-appeals from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 14, 1893, which modified and affirmed as modified a judgment construing the will of Bernardus E. Staats, deceased, entered upon a decision of the court on trial at Special Term. This action was brought for a construction of the will of Bernardus E. Staats, deceased. The provisions of the will in question are as follows : “I hereby bequeath and give to my son, Bernardus E. Staats, all my shares of stock in Wells, Fargo & Company Express, to be held in trust…
1Opinion of the CourtFinch, J.
This action is brought to settle the construction of the last will of Bernardus E. Staats, deceased. The validity of the first disposing clause, which gives to his daughter Lydia Ann his stock in the Fourth National Bank of New York, is not disputed or open to any doubt. But several of the bequests following have been declared invalid.
The testator’s second bequest is to his son Bernardus, and consists of Wells, Fargo & Co. Express stock, but with the following limitation, viz.: “ To be held in trust by my executors ten years from and after my decease, then to be delivered and transferred to…
2Cases cited3 opinions
- Young v. . YoungNew York Court of Appeals · 1880
- Schermerhorn v. . CottingNew York Court of Appeals · 1892
- Heard v. HortonCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by12 opinions
- Doctor v. . HughesNew York Court of Appeals · 1919
- In Re the Will of ChalmersNew York Court of Appeals · 1934
- Cushman v. CushmanAppellate Division of the Supreme Court of the State of New York · 1907
- Hills v. D'AmoursSupreme Court of New Hampshire · 1948
- In re AndrewsNew York Surrogate's Court · 1928
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