Nester v. Nester
New York Supreme Court
Action by Minnie J. Nester and others against Harold A. Nester and others for construction of a will. Will construed. Plaintiffs are the widow and four adult children of the late Samuel K. Nester, and they bring this action against Harold A. Nester, the infant son, James N. Rawleigh and others, the infant grandchildren, and the executors of his last will and testament, and the trustees of the trusts therein and the legatees, for a judicial construction of said will and…
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Action by Minnie J. Nester and others against Harold A. Nester and others for construction of a will. Will construed. Plaintiffs are the widow and four adult children of the late Samuel K. Nester, and they bring this action against Harold A. Nester, the infant son, James N. Rawleigh and others, the infant grandchildren, and the executors of his last will and testament, and the trustees of the trusts therein and the legatees, for a judicial construction of said will and codicils, and adjudging the same to be invalid and void as respects all the provisions thereof, except the pecuniary bequests…
1Opinion of the CourtFoote, J.
I am now (upon the settlement of the findings) asked to rule upon certain questions not discussed in my written opinion. (See 118 N. Y. Supp. 1009.)
The plaintiffs request a finding to the effect that, in disposing of the excess income and profits derived from the capital of the estate given in trust by the seventh item of the will, over and above the specific amounts directed to be paid by the seventh and tenth items to the beneficiaries therein named, it was the intention of the testator' that his wife should be included among the persons designated by the words “my next of kin” as used in…
2Cases cited8 opinions
- Tillman v. . DavisNew York Court of Appeals · 1884
- Murdock v. . WardNew York Court of Appeals · 1876
- Keteltas v. . KeteltasNew York Court of Appeals · 1878
- Luce v. . DunhamNew York Court of Appeals · 1877
- Matter of DevoeNew York Court of Appeals · 1902
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