Legal Opinion

Hope v. . Brewer

New York Court of Appeals

Decided November 29, 1892PublishedCited by 56 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 2, 1892, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to determine as to the validity of certain provisions of the last will and testament and codicils of Thomas Hope, the deceased. The facts, so far as material, are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 2, 1892, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to determine as to the validity of certain provisions of the last will and testament and codicils of Thomas Hope, the deceased. The facts, so far as material, are stated in the opinion. The validity of the gift of the residuary estate must be determined by the laws of this state. (Holmes v. Remsen, 4 Johns. Ch. 460, 469;…

1Opinion of the CourtO'Brien, J.

The general question presented by this appeal is the validity of the twenty-sixth or residuary clause of the will of Thomas Hope, who died on March 3, 1890, without issue. The will contains numerous bequests to collateral rela tives and to institutions and corporations for charitable purposes. By the residuary clause all the rest, residue and remainder of the testator’s estate was devised and bequeathed to his executors and their survivors, in trust, for the purpose of founding and endowing an infirmary for the care and relief of sick and infirm persons, to be established at the testator’s…

2Cases cited10 opinions

  1. Manice v. . ManiceNew York Court of Appeals · 1871
  2. Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
  3. Williams v. . WilliamsNew York Court of Appeals · 1853
  4. Cross v. United States Trust Co.New York Court of Appeals · 1892
  5. Despard v. . ChurchillNew York Court of Appeals · 1873

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3Cited by56 opinions

  1. Hutchison v. RossNew York Court of Appeals · 1933
  2. St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
  3. Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
  4. March v. . MarchNew York Court of Appeals · 1906
  5. Mount v. . TuttleNew York Court of Appeals · 1906

51 more not listed; retrieve them via the Exa API.

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