Marsh v. Hague
New York Court of Chancery
The question in this cause involved the construction of the will of John Fleetwood Marsh, deceased, in some very important points» The complainants, Sarah Marsh and Mary Hughes, claimed to be legatees under the will each of the sum of five thousand dollars, besides the sum of one thousand dollars given to Sarah Marsh and which had been paid to her.
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The question in this cause involved the construction of the will of John Fleetwood Marsh, deceased, in some very important points» The complainants, Sarah Marsh and Mary Hughes, claimed to be legatees under the will each of the sum of five thousand dollars, besides the sum of one thousand dollars given to Sarah Marsh and which had been paid to her. The defendants were the executors; and they admitted assets in their hands abundantly sufficient to discharge such legacies, provided the complainants were entitled to receive them. The claim arose out of some of the clauses of the will; and the…
1Opinion of the Court
The Vice-Chancellok.
By the first clause in the will of the testator, all the children who should be living of his late uncles, naming seven, are constituted legatees. The time when they should be living in order to ascertain the persons to take is, no doubt, the death of the testator.
Whether the term “ children,” thus used, is to be confined strictly to children or extended so as to embrace grand children and other descendants of uncles, may be a question necessary to consider; but wtithout reference to it at present, it is first to be ascertained wtiiether the children of David Ogilvie are…
2Cases cited1 opinion
- Jackson ex dem. Burhans v. ElmendorfNew York Supreme Court · 1829
3Cited by17 opinions
- In Re Proving the Last Will & Testament of VowersNew York Court of Appeals · 1889
- Dreyer v. . ReismanNew York Court of Appeals · 1911
- In re BassfordAppellate Division of the Supreme Court of the State of New York · 1922
- In re the Estate of FaustNew York Surrogate's Court · 1913
- Hamilton v. McQuillanSupreme Judicial Court of Maine · 1889
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