La Farge v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the S. R. Smith Infirmary (sued herein as D. R. Smith Infirmary) and the Children’s Aid Society (sued as the Newsboys’ Home), from so much of a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Richmond on the 20th day of December, 1897, upon the decision of the court rendered after a trial at the Richmond Special Term, construing the will of Elizabeth B. Caldwell, deceased, as adjudges…
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Appeal by the defendants, the S. R. Smith Infirmary (sued herein as D. R. Smith Infirmary) and the Children’s Aid Society (sued as the Newsboys’ Home), from so much of a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Richmond on the 20th day of December, 1897, upon the decision of the court rendered after a trial at the Richmond Special Term, construing the will of Elizabeth B. Caldwell, deceased, as adjudges clauses 8 and 9 of said will to be void and of no effect.
1Opinion of the Court
Willard Bartlett, J.:
This suit presents for judicial construction the 8th and 9th numbered paragraphs of the will of Elizabeth B. Caldwell, an inhabitant of Richmond county, who died there on the 29th day of December, 1896.
The first seven numbered paragraphs of the will contain directions and bequests which are not material to this controversy. The 8 th paragraph is in these words :
“ Eighth. All the rest, residue and remainder of my estate, real and personal, I bequeath unto my executors, in trust, to pay the rents, incomes and profits thereof unto my sister, Georgiana P. La Large, and my…
2Cases cited1 opinion
- Amory v. . LordNew York Court of Appeals · 1853
3Cited by10 opinions
- In re HornidgeNew York Surrogate's Court · 1929
- Shepperd v. FisherSupreme Court of Missouri · 1907
- In re CongerAppellate Division of the Supreme Court of the State of New York · 1903
- Casgrain v. HammondMichigan Supreme Court · 1903
- In re ButtnerAppellate Division of the Supreme Court of the State of New York · 1925
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