Legal Opinion

Nester v. Nester

New York Supreme Court

Decided June 15, 1910Published

Action for a judicial construction of a will. Plaintiffs are the widow and four adult children of the late Samuel K. Hester, and they bring this action against Harold A. Hester, the infant son, James H. Eawleigh 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…

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Action for a judicial construction of a will. Plaintiffs are the widow and four adult children of the late Samuel K. Hester, and they bring this action against Harold A. Hester, the infant son, James H. Eawleigh 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 to testator’s sisters, and that as respects the rest of his estate…

1Opinion of the CourtFoote, J.

The testator, Samuel K. Hester, died on the 10th day of January, 1908. His will, and two codicils thereto, were probated on the 25th of January, 1908, and letters testamentary were issued to the plaintiff Minnie J. Hester, his widow, the defendant David S. Hester, his cousin, the plaintiffs Byron M. Hester, his son, and Sylvia M. *211Rawleigh, his daughter, and the defendant Montgomery S. Sanford. The testator left him surviving his widow, Minnie J. Fester, about forty-eight years of age, a son, Frederick T. Fester, aged thirty-nine, and a daughter, Sylvia M. Rawleigh, aged thirty-five, both…

2Cases cited6 opinions

  1. Murdock v. . WardNew York Court of Appeals · 1876
  2. Buchanan v. . LittleNew York Court of Appeals · 1897
  3. People's Trust Co. v. . FlynnNew York Court of Appeals · 1907
  4. Luce v. . DunhamNew York Court of Appeals · 1877
  5. Platt v. . MickleNew York Court of Appeals · 1893

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