Garvey v. . McDevitt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment entered upon a decision of the court on trial at Special Term. (Reported below, 11 Hun, 459.) This action was brought by plaintiffs as executors of the will of Neil Dougherty, deceased, to obtain a construction of said will. The will, after various bequests, contained the following clauses, which are the ones in question: “ Fifth.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment entered upon a decision of the court on trial at Special Term. (Reported below, 11 Hun, 459.) This action was brought by plaintiffs as executors of the will of Neil Dougherty, deceased, to obtain a construction of said will. The will, after various bequests, contained the following clauses, which are the ones in question: “ Fifth. All the rest, residue and remainder of my personal estate of whatsoever kind and nature, I give and bequeath to the Roman Catholic bishop of the…
1Opinion of the CourtEarl, J.
The construction of this will is not entirely free from difficulty. I have given its provisions careful consideration, but so much has been written upon the subject of trusts that I deem it important to say but little more than sufficient to announce our conclusions.
The testator orders and directs his executors at the expiration of four years after his decease to sell his real estate at public or private sale, and pay over the proceeds to the Bishop of Raphoe, upon the trusts mentioned; and until the sale, he orders and directs his executors to rent the real estate, and after paying all…
2Cases cited4 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Tobias v. . KetchumNew York Court of Appeals · 1865
- Boynton v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by38 opinions
- Underwood v. . CurtisNew York Court of Appeals · 1891
- Thornagel v. PforrCalifornia Supreme Court · 1904
- Prentice v. . JanssenNew York Court of Appeals · 1880
- Trask v. . SturgesNew York Court of Appeals · 1902
- Murray v. . MillerNew York Court of Appeals · 1904
33 more not listed; retrieve them via the Exa API.