O'Hara v. Dever
New York Supreme Court
THIS is a case made, for the purpose of obtaining a construction by this court, of a clause in the will of the late Peter O’Hara, who died at Brooklyn, in the year 1863, leaving a valuable estate, estimated to be worth two hundred thousand dollars, one half of which consisted of real estate and the other half of personal property.
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THIS is a case made, for the purpose of obtaining a construction by this court, of a clause in the will of the late Peter O’Hara, who died at Brooklyn, in the year 1863, leaving a valuable estate, estimated to be worth two hundred thousand dollars, one half of which consisted of real estate and the other half of personal property. The personal estate comprised leasehold interests, under the Brooklyn Benevolent Society, to the extent of about seventy per cent thereof, leaving a balance of about thirty thousand dollars in cash and stocks. He. left -him surviving a widow and three children, and…
1Opinion of the Court
By the Court, J. F. Barnard, J.
The husband of the plaintiff died, leaving a will, and therein bequeathed the whole surplus of his personal estate remaining after the payment of debts and legacies, and the plaintiff is entitled to no share of such estate, unless it is obtained by the terms of the will itself. The testator, by the fifth clause of his will, bequeathes and devises all the rest, residue and remainder of his estate, both real and personal, to his two children, “ subject nevertheless to the dower and thirds of my wife, Mary O’Hara.”
This clause presents two questions. Do the words…
2Cited by2 opinions
- Riverside Trust Co. v. RogersSupreme Court of Connecticut · 1915
- In re Proving the Last Will & Testament of VowersNew York Supreme Court · 1887