Hine v. Hine
New York Supreme Court
THE plaintiffs, as widow and heirs at law of Orlando Hine, deceased, bring this action to compel the executors of Elkanah Hine to carry out and execute a provision in the will of the latter in favor of Orlando Hine and his heirs.
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THE plaintiffs, as widow and heirs at law of Orlando Hine, deceased, bring this action to compel the executors of Elkanah Hine to carry out and execute a provision in the will of the latter in favor of Orlando Hine and his heirs. Elkanah Hine made his will May 24, 1852, and died August 9, 1857. Orlando Hine» died April 12, 1858. At the time of making his will Elkanah had three sons, of whom Orlando was one, and two daughters $ and by his will he recited that in the first division of his property it was his intention to give to each of his sons two thousand dollars, and to each of his…
1Opinion of the Court
By the Court,
Allen, J.
The testator, in the body of his will, has expressly avowed his intention to make his children equal in the distribution of his estate hy advancements during his life and the portions secured to each by his will, and the judgment of the referee clearly falls in with and carries out this intention. And from any express declarations of the testator, or any direct provision in the will for an ademption of legacies, the presumption of equity is against double portions. There has been some fault found with the rule as a rule of presumption or of evidence, and some with the…
2Cases cited1 opinion
- Williams v. CraryNew York Supreme Court · 1830
3Cited by11 opinions
- Tanton v. KellerIllinois Supreme Court · 1897
- In re the Accounting of Guaranty Trust Co.New York Surrogate's Court · 1951
- In re the Judicial Settlement of the Account of the Executors & Trustees Under the Last Will & Testament of O'DellNew York Surrogate's Court · 1924
- In re the Judicial Settlement of the Account of WeissNew York Surrogate's Court · 1902
- Stevens v. StevensNew York Surrogate's Court · 1876
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