Legal Opinion

Staples v. Hawes

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899PublishedCited by 6 opinions

Appeal by the defendants, Mary Hawes and others, from a judgment of the Supreme Court in favor of the plaintiff, and of the defendants Agnes Hawes, and James Staples, as executor, etc., of David Wakeman, deceased, entered in the office of the clerk of the-county of Hew York on the 11th day of Hovember, 1898, upon the decision of the court rendered after a trial at the Hew York Special Term.

1Opinion of the Court

Patterson, J.:

This action was brought by a trustee for the construction of the-will of David Wakeman, deceased, who at the time of his death was a resident of Connecticut, and who by his will disposed of }3er-sonal property and real property, some situate in Connecticut and some in the State of Hew York. The testator left as his only heir at law and next of kin his daughter, Agnes Hawes. By the 2d clause of his will he gave to her “ the use and occupancy during her natural life of my farm situated in Southport in the town of Fairfield ” (Connecticut), “ including the mill on said property and…

2Cases cited10 opinions

  1. Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. Phelps' v. . PondNew York Court of Appeals · 1861
  3. Chipman v. . MontgomeryNew York Court of Appeals · 1875
  4. Tobias v. . KetchumNew York Court of Appeals · 1865
  5. Leggett v. . PerkinsNew York Court of Appeals · 1849

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3Cited by6 opinions

  1. Reeder v. AntrimIndiana Court of Appeals · 1915
  2. Hagemeyer v. SaulpaughAppellate Division of the Supreme Court of the State of New York · 1904
  3. Coston v. CostonAppellate Division of the Supreme Court of the State of New York · 1907
  4. In re the Estate of AndrusNew York Surrogate's Court · 1935
  5. Stewart v. WoolleyAppellate Division of the Supreme Court of the State of New York · 1907

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