Waldo v. Hayes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Hilda M. Lomax Iggulden and others, from so much of .a judgment of the Supreme Court in favor of the plaintiffs and the defendant Florence Hayes, entered in the office of the clerk of the county of Erie on the 14th day of March, 1904, upon the decision of the court, rendered after a trial at the Erie Special Term, as directs that under and by virtue of the 8th clause of the will of Helen Thornton Campbell, deceased, the diamond brooch, owned by her…
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Appeal by the defendants, Hilda M. Lomax Iggulden and others, from so much of .a judgment of the Supreme Court in favor of the plaintiffs and the defendant Florence Hayes, entered in the office of the clerk of the county of Erie on the 14th day of March, 1904, upon the decision of the court, rendered after a trial at the Erie Special Term, as directs that under and by virtue of the 8th clause of the will of Helen Thornton Campbell, deceased, the diamond brooch, owned by her at the time of her death, became and is the property of Florence Hayes. The action was commenced in July, 1903, to…
1Opinion of the Court
McLennan, P. J.:
Helen Thornton Campbell died on the 10th day of January, 1903, leaving a last will and testament which was dated and executed by her on the 8th day of March, 1898, the 8th clause of which is as follows:
“Eighth. I give and bequeath to Florence Hayes, of Buffalo, New York, all my china ware and my diamond brooch.”
The 17th clause of the will provides:
“ Seventeenth. I give and bequeath to Mrs. Lomax, of Dewitt Street, near Breckenridge Street, Buffalo, New York, and to her daughters, Hilda and- Ethel, such of my wearing apparel as they, may choose and any jewelry not otherwise…
2Cases cited3 opinions
- Tifft v. . PorterNew York Court of Appeals · 1853
- Brundage v. . BrundageNew York Court of Appeals · 1875
- Van Vechten v. Van VeghtenNew York Court of Chancery · 1840
3Cited by12 opinions
- Estate of McLaughlinCalifornia Court of Appeal · 1929
- Pruyn v. SearsNew York Supreme Court · 1916
- In re the Estate of RubinsteinNew York Surrogate's Court · 1938
- In re ReimersNew York Surrogate's Court · 1929
- Estate of CooperCalifornia Court of Appeal · 1951
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