Kelley v. Hogan
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. Priscilla W. Pike died in August, 1882, leaving a will which provided : “ I give and bequeath to my brother Calvin Pike in trust all my real estate (comprising four lots). The said Calvin Pike is to take the said property in trust for the benefit of my brother Sylvester M. Pike during his absence in foreign parts, and is to deliver up to him the entire…
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Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. Priscilla W. Pike died in August, 1882, leaving a will which provided : “ I give and bequeath to my brother Calvin Pike in trust all my real estate (comprising four lots). The said Calvin Pike is to take the said property in trust for the benefit of my brother Sylvester M. Pike during his absence in foreign parts, and is to deliver up to him the entire possession and control thereof whenever the said Sylvester shall require him to do so ; but. in case my brother Sylvester…
1DissentLaughlin, J.
Ralph W. Maverick was a minor, not only at the time the will was made, but also at the time of the death of the testatrix and Sylvester W. Pike. The latter having died while in possession of the property without having disposed of it by his deed or will, the testatrix has declared, in clear, pointed language, absolutely free from ambiguity, her intention in those circumstances that Maverick should have some interest in the premises. Where, as here, the intention of the testatrix is not left in doubt, it is the duty of the court to so construe the will as to carry such intention into effect,…
2Cases cited17 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Downing v. . MarshallNew York Court of Appeals · 1861
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- Leggett v. . FirthNew York Court of Appeals · 1892
- Stevenson v. . LesleyNew York Court of Appeals · 1877
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