Thompson v. Hart
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jonathan Thompson, an infant over fourteen years of age, by Samuel Ti Cushing, his guardian ad litem, and " by the defendants Jane Remsen Thompson, the younger^ and Elizabeth Remsen Thompson, by Samuel Phillips Savage, their guardian ad litem, from a judgment of the Supreme Court in favor of the defendants, Henry Hart and others, entered in the office of the clerk of the county of New York on the 4th day of January 1901, upon the decision of the…
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Appeal by the plaintiff, Jonathan Thompson, an infant over fourteen years of age, by Samuel Ti Cushing, his guardian ad litem, and " by the defendants Jane Remsen Thompson, the younger^ and Elizabeth Remsen Thompson, by Samuel Phillips Savage, their guardian ad litem, from a judgment of the Supreme Court in favor of the defendants, Henry Hart and others, entered in the office of the clerk of the county of New York on the 4th day of January 1901, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint. The action was brought for the partition…
1Opinion of the Court
Hatch, J.:
In arriving at a proper construction of this will I purpose, first, to examine the same and ascertain the rights of the parties thereunder upon the assumption that the real property devised passed thereby, as such, and that its character was not changed by the terms of the will. This necessarily involves a construction of the power and estates in trust created by the will.
' By the 3d clause of the will, after devising and bequeathing the residuary estate to his executors, in trust, the testator provided as follows: “ 1st. In trust, to divide * * * and to allof to my children * * *…
2Cases cited6 opinions
- Lent v. . HowardNew York Court of Appeals · 1882
- Campbell v. . StokesNew York Court of Appeals · 1894
- Henderson v. . HendersonNew York Court of Appeals · 1889
- Delafield v. . BarlowNew York Court of Appeals · 1887
- Dana v. . MurrayNew York Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re Estate of SpreckelsCalifornia Supreme Court · 1912
- In re the Estate of HarrisNew York Surrogate's Court · 1930
- In re the Estate of GargiuloNew York Surrogate's Court · 1930
- In re the Estate of GaubertNew York Surrogate's Court · 1937
- In re the Estate of SloatNew York Surrogate's Court · 1931
6 more not listed; retrieve them via the Exa API.