Hacker v. Hacker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph Carl Hacker, from a judgment of the Supreme Court in favor of the. plaintiffs, entered in the office of the clerk of the county of Rockland on the 1st day of March, 1912, upon the decision of the court rendered after a trial at the Rockland Special Term.
1Opinion of the Court
Burr, J.:
Two questions demand consideration and determination: First, is the testamentary gift to Joseph Carl Hacker a valid one, and, second, what is included in the terms thereof % If the clause of disposition had been wholly comprised in the words after my lawful debts are paid, I give, devise and bequeath all the remainder of my Estates both real and personal to my nephew Joseph Carl Hacker,” there would be no question that these constituted a valid devise of the real property in fee simple and a valid bequest of the personal property in absolute ownership. (Real Prop. Law [Consol. Laws,…
2Cases cited14 opinions
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Greene v. . GreeneNew York Court of Appeals · 1891
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
- De Peyster v. . MichaelNew York Court of Appeals · 1852
- Morton v. . WoodburyNew York Court of Appeals · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In re the Estate of WalkerNew York Court of Appeals · 1985
- In re the Construction of Last Will & Testament of TallmanNew York Surrogate's Court · 1928
- In re the Estate of FreyNew York Surrogate's Court · 1935
- In re Proving the Last Will & Testament of FarmerNew York Surrogate's Court · 1917
- In re the Estate of NelsonNew York Surrogate's Court · 1987
13 more not listed; retrieve them via the Exa API.