Legal Opinion

Murdock v. . Ward

New York Court of Appeals

Decided November 28, 1876PublishedCited by 46 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department modifying a judgment, entered upon a decision of the court at Special Term. (Reported below, 8 Hun, 9.) The nature of the action and the facts are sufficiently set forth in the opinion. The child of the deceased son took the-whole of his share.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department modifying a judgment, entered upon a decision of the court at Special Term. (Reported below, 8 Hun, 9.) The nature of the action and the facts are sufficiently set forth in the opinion. The child of the deceased son took the-whole of his share. (Slosson v. Lynch, 28 How., 417; 2 Redf. on Wills, 77; Watt v.Watt, 3 Ves., 244; Garrick v. Camden, 14 id., 372; Cholmondely v. Ashburton, 6 Beav., 86; Withy v. Mangles, 4 id., 358; Dickens v. N. Y. C. Railroad Co., 23 N. Y., 158; Quinn v. Hardenbrook, 54…

1Opinion of the Court

Church, Oh. J.

This action is brought by the executor of • the will of James O. Ward, to procure a construction of the fourth clause of the will.

The testator, after certain specific legacies, devised and bequeathed the residue of his estate to his executors to sell and convert into money, and after paying debts and some other charges, to pay the remainder in equal shares to his children, viz., to his sons their respective shares at twenty-one, or at such time subsequently, and in such sums, from time to time, as they should deem advisable and best; and then follows this provision: “ And in…

2Cases cited3 opinions

  1. Dickins v. . the New York Central Railroad CompanyNew York Court of Appeals · 1861
  2. Dewey v. GoodenoughNew York Supreme Court · 1865
  3. Knickerbacker v. SeymourNew York Supreme Court · 1863

3Cited by46 opinions

  1. Tillman v. . DavisNew York Court of Appeals · 1884
  2. In Re the Application for Letters of Guardianship of the Person & Property of ThorneNew York Court of Appeals · 1925
  3. Keteltas v. . KeteltasNew York Court of Appeals · 1878
  4. Luce v. . DunhamNew York Court of Appeals · 1877
  5. In Re the Will of KochNew York Court of Appeals · 1940

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