Legal Opinion

Russell v. Hilton

New York Supreme Court

Decided April 15, 1902PublishedCited by 8 opinions

Action for the construction of a will.

1Opinion of the CourtScott, J.

The purpose of this action is to obtain a judicial construction of the last will and testament of Henry Hilton, deceased. The testator had been successively a lawyer in active practice, a judge of the Court of Common Pleas of the city of New York, and a successful man of affairs, engaged in large enterprises. His will is in his own handwriting and is extremely inartificial in form, suggesting numerous questions of construction. In view of the testator’s life history it is to be assumed, however informal his will may be, that he used the language in which it is couched, with a precise…

2Cases cited18 opinions

  1. Cochrane v. . SchellNew York Court of Appeals · 1894
  2. Lent v. . HowardNew York Court of Appeals · 1882
  3. Smith v. . Van OstrandNew York Court of Appeals · 1876
  4. Phelps' v. . PondNew York Court of Appeals · 1861
  5. Morse v. . MorseNew York Court of Appeals · 1881

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3Cited by8 opinions

  1. Hartt v. HarttWyoming Supreme Court · 1956
  2. In re the Judicial Settlement of the Account of PoppAppellate Division of the Supreme Court of the State of New York · 1907
  3. In re BerriNew York Surrogate's Court · 1927
  4. Utica Trust & Deposit Co. v. ThomsonNew York Supreme Court · 1914
  5. In re the Judicial Settlement of the Accounts of BraunsdorfNew York Surrogate's Court · 1895

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