In re Proving the Last Will & Testament of Berry
Appellate Division of the Supreme Court of the State of New York
Appeal by The Lutheran Hospital of Manhattan, a legatee, from so much of a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 20th day of July, 1912, as refused to admit to probate the 10th clause of the decedent’s will.
1Opinion of the Court
McLaughlin, J.:
Mr. Inslee H. Berry died on the 30th of January, 1912, leaving a last will and testament, which, except the 10th clause, was admitted to probate. As to this clause probate was refused on the ground that it violated the provisions of the statute relating to the suspension of the power of alienation, and was, therefore, invalid. It reads as follows:
“ Tenth. All the rest, residue and remainder of my estate, réal, personal and mixed, of whatsoever nature and wherever located, I give, devise and bequeath to my executor hereinafter named, in trust never-the-less for the following…
2Cases cited7 opinions
- Kalish v. . KalishNew York Court of Appeals · 1901
- Brown v. . QuintardNew York Court of Appeals · 1903
- Harrison v. . HarrisonNew York Court of Appeals · 1867
- Smith v. . ChesebroughNew York Court of Appeals · 1903
- Brinkerhoff v. SeaburyAppellate Division of the Supreme Court of the State of New York · 1910
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3Cited by17 opinions
- In re HornidgeNew York Surrogate's Court · 1929
- In Re the Probate of Will of HitchcockNew York Court of Appeals · 1917
- In re the Estate of StulmanNew York Surrogate's Court · 1933
- Maynard v. MaynardNew York Supreme Court · 1919
- Benedict v. SalmonAppellate Division of the Supreme Court of the State of New York · 1917
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