Leach v. . Godwin
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 24, 1908, modifying and affirming as modified a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The testator’s intention must be ascertained from the will itself.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 24, 1908, modifying and affirming as modified a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The testator’s intention must be ascertained from the will itself. (Wells v. Wells, 88 N. Y. 323; Schermerhorn v. Cotting, 131 N. Y. 48; Locke v. F. L. & T. Co., 140 N. Y. 135; Vanderpoel v. Loew, 112 N. Y. 167.) The Appellate…
1Opinion of the CourtChase, J.
Claudius F. Beatty died a resident of the county of Kings in 1905 leaving a will which was thereafter duly probated. lie left him surviving a widow, two sons and one daughter, his only heirs at law and next of kin. This action was brought by Claudius F. Beatty, 2d, a son, in his lifetime to have the bequests embraced in the eighth paragraph of said will adjudged illegal and void and to have it further adjudged that the property mentioned in said paragraph of the will is vested in the heirs at law and next of kin of the deceased.
The eighth paragraph of said will is as follows : “ The proceeds…
2Cases cited6 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- In Re Proving the Will of MountNew York Court of Appeals · 1906
- Steinway v. . SteinwayNew York Court of Appeals · 1900
- Locke v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
- Schermerhorn v. . CottingNew York Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- In Re the Will of HornerNew York Court of Appeals · 1924
- In Re the Estate of ColegroveNew York Court of Appeals · 1917
- In re the Estate of HowellsNew York Surrogate's Court · 1932
- In re the Estate of DeilenNew York Surrogate's Court · 1935
- In re the Accounting of Chemical Bank & Trust Co.New York Surrogate's Court · 1950
38 more not listed; retrieve them via the Exa API.