Adams v. . Perry
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial district, affirming a judgment entered at the Lewis County Special Term declaring void certain portions of the last will and testament of 'Hannah Bostwick, deceased. This action was brought by the plaintiffs’ surviving executors of the will of Hannah Bostwick, late of Lowville, H. Y., deceased, to obtain a construction of certain provisions thereof.
Read the full summary
Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial district, affirming a judgment entered at the Lewis County Special Term declaring void certain portions of the last will and testament of 'Hannah Bostwick, deceased. This action was brought by the plaintiffs’ surviving executors of the will of Hannah Bostwick, late of Lowville, H. Y., deceased, to obtain a construction of certain provisions thereof. Hannah Bostwick died September 13, 1866, leaving a will and two codicils. The only provisions of the will in controversy in this action are the 17th, 18th and…
1Opinion of the CourtGrover, J.
This action was instituted to determine the construction and validity of various clauses of the will of Mrs. Hannah Bostwick. The questions arise upon the seventeenth clause, with its various subdivisions, and upon the clause numbered twentieth. Mo time need be devoted to a consideration of the latter clause, as it is agreed by all the parties, and is entirely manifest that the dispositions attempted by this clause are void upon two grounds: First, such dispositions involve an unlawful perpetuity, and second, the benefi-, ciaries in whose behalf such dispositions are directed are too vague…
2Cases cited2 opinions
- Levy v. . LevyNew York Court of Appeals · 1865
- Billington v. . WagonerNew York Court of Appeals · 1865
3Cited by41 opinions
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- Townshend v. . FrommerNew York Court of Appeals · 1891
- In Re Proving the Last Will & Testament of GriffinNew York Court of Appeals · 1901
- Fellows v. MinerMassachusetts Supreme Judicial Court · 1876
- Fosdick v. . Town of HempsteadNew York Court of Appeals · 1891
36 more not listed; retrieve them via the Exa API.