Legal Opinion

Cromwell v. Kirk

New York Surrogate's Court

Decided June 15, 1883Published

Lewis Perry, of Claremont, ■ New Hampshire, died in 1866, leaving a will dated in 1861, in and by which, among other things, he gave and bequeathed to his adopted daughter, Ada E. P. Richardson, wife of George W. Richardson, the residue of his estate, by the following provision: “I give and bequeath unto Ada E. P. Richardson, wife of G. Vif.

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Lewis Perry, of Claremont, ■ New Hampshire, died in 1866, leaving a will dated in 1861, in and by which, among other things, he gave and bequeathed to his adopted daughter, Ada E. P. Richardson, wife of George W. Richardson, the residue of his estate, by the following provision: “I give and bequeath unto Ada E. P. Richardson, wife of G. Vif. Richardson, all the remaining property which I may have after my estate has been settled, and all of the above legacies complied with, to her and her child or children. Should the said Ada E. P. Richardson die without leaving any child or children, then…

1Opinion of the Court

The Surrogate.

I think nothing can be plainer than the intention of the testator, Perry, to give the residue of his estate to his adopted daughter,- Mrs. Richardson, and then to her child or children, if she died leaving any. She did leave two surviving her. It was only in the event of her leaving none,- that the, executory devise to her husband was to take effect. The Supreme Court, in Hatfield v. Sneden (42 Barb., 615), held that, where the devise and bequest was to a daughter absolutely, and was subsequently qualified by a provision to the effect that, if she had no children, or none living…

2Cases cited3 opinions

  1. Clarke v. . LeuppNew York Court of Appeals · 1882
  2. Hatfield v. . SnedenNew York Court of Appeals · 1873
  3. Hatfield v. SnedenNew York Supreme Court · 1864

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