Legal Opinion · Dissent

Johnston v. Hughes

Appellate Division of the Supreme Court of the State of New York

Decided April 20, 1906Published

Appeal by the defendant, The Bisters of the Poor of St. Francis, from a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Hew York on the 8th day of Hovembe'r^ 1905, upon the decision of the court rendered after a trial at the Hew York Special Term in an action for the construction of a last will and testáment.

1Dissent

Ingraham, J. (dissenting):

The question presented in this cáse depends upon the construction to be given to the last will and testament of Joseph Hughes, of the city of Hew York. The testator, after ■ devising certain lands in the State of Pennsylvania, provides: “ I give and devise to my Executors hereinafter named or such one of them, as shall qualify, all my real estate situate, lying and being in the State of- Hew York, in trust, to sell and dispose of the same at public or private sale and to divide the net proceeds of such sale as follows: Three equal fourth parts thereof to the Trustees…

2Cases cited7 opinions

  1. Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
  2. Holland v. . AlcockNew York Court of Appeals · 1888
  3. Clarke v. . LeuppNew York Court of Appeals · 1882
  4. Gilman v. . McArdleNew York Court of Appeals · 1885
  5. Clay v. . WoodNew York Court of Appeals · 1897

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