In re Bassford
Appellate Division of the Supreme Court of the State of New York
Appeal by The Roman Catholic Orphan Asylum in the City of New York, from a decree of the Surrogate’s Court of the county of New York, entered in said surrogate’s office on the 14th day of June, 1921, sustaining the validity of the last will and testament of the testatrix and the first codicil thereto and construing the same and adjudging that she devised to the Sisters of Charity of St. Vincent de Paul remainders in fee in all of her real property, and directing that the…
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Appeal by The Roman Catholic Orphan Asylum in the City of New York, from a decree of the Surrogate’s Court of the county of New York, entered in said surrogate’s office on the 14th day of June, 1921, sustaining the validity of the last will and testament of the testatrix and the first codicil thereto and construing the same and adjudging that she devised to the Sisters of Charity of St. Vincent de Paul remainders in fee in all of her real property, and directing that the sole surviving trustee under her will pay the cash balance remaining in his hands after certain deductions and assign a…
1Opinion of the Court
Laughlin, J.:
The testatrix left no father, mother or direct descendant and no brother and only the one sister named in the will and codicil. She was survived by her sister and by the nephews and the niece named in the will and by other nephews and nieces.
It is manifest that she intended and attempted to dispose of all of her property by the will and codicil to the exclusion of her heirs excepting as provisions were made therein for the benefit of some of them. This she had a perfect right to do, and the point presented for decision is whether by the will and codicil, which were duly executed,…
2Cases cited16 opinions
- Brown v. . QuintardNew York Court of Appeals · 1903
- Tobias v. . KetchumNew York Court of Appeals · 1865
- Pond v. BerghNew York Court of Chancery · 1843
- Van Nostrand v. . MooreNew York Court of Appeals · 1873
- Bradhurst v. . FieldNew York Court of Appeals · 1892
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re the Estate of KavanaghNew York Surrogate's Court · 1928
- In re ButtnerNew York Surrogate's Court · 1925
- In re the Estate of WeinerNew York Surrogate's Court · 1930
- In re the Application for a Construction of Last Will & Testament of GrossmanNew York Surrogate's Court · 1928
- In re the Estate of DurkinNew York Surrogate's Court · 1937
3 more not listed; retrieve them via the Exa API.