In re Hagenmeyer's Will
New York Surrogate's Court
Maria Hagenmeyer died on February 2, 1882, leaving her last will and testament, the third and sixth clauses of which read as follows : “ Third. I further ordain and direct my executors, hereinafter named, to pay or take from my money the amount of one hundred dollars, for the purpose that masses shall be read for my poor soul.” “ Sixth.
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Maria Hagenmeyer died on February 2, 1882, leaving her last will and testament, the third and sixth clauses of which read as follows : “ Third. I further ordain and direct my executors, hereinafter named, to pay or take from my money the amount of one hundred dollars, for the purpose that masses shall be read for my poor soul.” “ Sixth. After the-foregoing bequests are paid and discharged by my executors, all the rest, residue and remainder of my estate, real and personal, of any nature and kind, I give, devise, and bequeath to the Roman Catholic Church of the Most Holy Trinity, in…
1Opinion of the Court
Bergen, Surr.
— The contestants insist that the foregoing provisions are invalid, and I am asked, upon admitting the will to probate, to determine the validity of the bequest in question, as provided by section 2624 of the Code of Civil Procedure.* The counsel for the contestants contends that the third clause was void for the reason that there was no donee, or legatee of this gift, and further that it was given for superstitious uses and therefore void. Had the decedent directed her executors to expend one hundred dollars for the purpose of erecting a monument over her grave or the purchasing…
2Cases cited4 opinions
- Kerr v. . DoughertyNew York Court of Appeals · 1880
- Holmes v. . MeadNew York Court of Appeals · 1873
- Power v. . CassidyNew York Court of Appeals · 1880
- Kerr v. DoughertyNew York Supreme Court · 1878
3Cited by1 opinion
- Willets v. WilletsNew York Court of Appeals · 1886