Martin v. Pine
New York Supreme Court
Appeal from special term, New York county. Action by Leila R. Martin, individually and as executrix of William 0. Martin, deceased, against John B. Pine, as trustee under the will of William C. Martin, deceased, and others, to construe a will. There was a judgment in favor of defendants, and plaintiff appeals.
1Opinion of the CourtBarrett, J.
This is an action for the construction of the will of William 0. Martin, who died on the 4th day of May, 1891, in the city of New York, leaving the plaintiff as his sole heir and next of kin. The questions discussed are raised by the eleventh clause of Mr. Martin’s will. By the seventh, eighth, ninth, and tenth clauses, four specific trusts for small amounts were created in favor of Stella Martin, Margaret Ford, Fannie Ford, and Mary Ford. They are not disputed or attacked. The eleventh clause then provides as follows:
“Eleventh. All the rest, residue, and remainder of my estate, both real and…
2Cases cited11 opinions
- Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
- In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
- Cuthbert v. . ChauvetNew York Court of Appeals · 1893
- Asche v. . AscheNew York Court of Appeals · 1889
- Douglas v. . CrugerNew York Court of Appeals · 1880
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3Cited by4 opinions
- In re Final Judicial Settlement of the Annual Accounts of HoytAppellate Division of the Supreme Court of the State of New York · 1898
- In re HoytAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Estate of TownsendNew York Surrogate's Court · 1911
- Steglich v. SchneiderNew York Supreme Court · 1910