Leask v. . Richards
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 13, 1906, which modified, and affirmed as modified a judgment of Special Term construing the will of Hudson Hoagland, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 13, 1906, which modified, and affirmed as modified a judgment of Special Term construing the will of Hudson Hoagland, deceased. The facts, so far as material, are stated in the opinion. If this court decides that the only-interpretation possible is that the various legatees should receive from the residue gifts of the same kind and nature as their specific gifts, the ,£ Thirtieth ” clause must fail, as clearly there would be as to part unlawful suspension of The power of…
1Opinion of the CourtHaight, J.
This action was brought to obtain a construction of the last will and testament and codicil of Hudson Iloagland, who died on the 30th day of January, 1904.
The testator was a "widower and left no children or descendants. He left him surviving one brother and sixteen nephews and nieces and several grandnephews and grandnieces. Many of the nephews and nieces had married and had children, and some had died leaving children. The will contains bequests in favor of all of his nephews and nieces, with the sole exception of his nephew Edwin R. Hurd, who is said to have moved west upwards of fifty…
2Cases cited1 opinion
- Weeks v. . CornwellNew York Court of Appeals · 1887
3Cited by6 opinions
- In Re the Accounting of LeaskNew York Court of Appeals · 1910
- In re the Accounting of KeoghAppellate Division of the Supreme Court of the State of New York · 1908
- Shalkhauser v. BeachCuyahoga County Probate Court · 1968
- In Re Estate of KittsonSupreme Court of Minnesota · 1929
- In re the Estate of BillmanNew York Surrogate's Court · 1940
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