Burrill v. . Boardman
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment of the Special Term dismissing the complaint.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment of the Special Term dismissing the complaint. The object of the action was to procure a judicial construction, annulling as illegal and void, the bequest made by-James H. Boosevelt, deceased, of his residuary personal estate, which James 0. Boosevelt Brown, the plaintiff’s testator, who was sole next of kin of said Boosevelt, ratified and confirmed by deed in his lifetime, and by his last will and testament. The will, after disposing of the real estate, contains a hequest to…
1Opinion of the Court
Church, Ch. J.
This action was brought by the plaintiff as executor of the will of James C. Rosevelt Brown, against the defendant, Julia M. Boardman, executrix of the will of James H. Rosevelt, deceased, and others, for the purpose of having the residuary bequest in the will of the latter pro-' viding for founding and maintaining a hospital declared void, and claiming that the plaintiff*, as executor of Brown, who was the heir-at-law of the testator, Rosevelt, is entitled to all sums thus attempted to be bequeathed, and to the whole of the residuary estate.
The solution of the questions…
2Cases cited7 opinions
- Grant v. RaymondSupreme Court of the United States · 1832
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Schettler v. . SmithNew York Court of Appeals · 1869
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Owens v. . the Missionary Society of the M.E. ChurchNew York Court of Appeals · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- Allen v. . StevensNew York Court of Appeals · 1899
- Holland v. . AlcockNew York Court of Appeals · 1888
- Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
36 more not listed; retrieve them via the Exa API.