McKinstry v. Sanders
New York Supreme Court
Robert McKinstry, late of the county of Columbia, .died October 27th, 1870, having duly made his last will and testament and codicil .thereto.
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Robert McKinstry, late of the county of Columbia, .died October 27th, 1870, having duly made his last will and testament and codicil .thereto. At the time of the testator’s death there were fourteen nephews and nieces living, of whom Jane Sanders died on the 27th of October, 1871, and Jane P. McKinstry died on the 24th of December, 1872. The lhst-named left a last will and testament, by which she appointed Allen Rossman executor, and which was proved since the surrogate’s decree. Augustus McKinstry, on or about the 22d day of December, 1870, took upon himself the execution of the will of…
1Opinion of the CourtMiller, P. J.
The testator by his will devised the residuary portion of his estate to the trustees of the First Universalist society of *184the city of Hudson; and, by a codicil subsequently executed, provided that if there should remain of the moneys arising from the sale of the real estate, and received and realized from his personal estate “ an amount not exceeding the sum of twenty thousand dollars, that my executors pay over the whole of said amount so remaining to the trustees of the said First Universalist society,” etc.; * * * “ but, in case the amount of said moneys so remaining shall exceed the sum…
2Cases cited14 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Moore v. LyonsNew York Supreme Court · 1840
- Fish v. HowlandNew York Court of Chancery · 1828
- Livingston v. . GreeneNew York Court of Appeals · 1873
- De Peyster v. ClendiningNew York Court of Chancery · 1840
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