Pimel v. . Betjemann
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 20, 1904, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. ¿ dm Bahrenbnrg, a resident of the city of Brooklyn, died on the 25th of February, 1889, leaving a last will and testament, dated May 17th, 1887, whereby he gave his residuary estate in trust for various purposes, and among them, “ 1. To pay…
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 20, 1904, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. ¿ dm Bahrenbnrg, a resident of the city of Brooklyn, died on the 25th of February, 1889, leaving a last will and testament, dated May 17th, 1887, whereby he gave his residuary estate in trust for various purposes, and among them, “ 1. To pay to each of my children who shall háve arrived at the age of 21 years, the sum of (§500) Five hundred dollars as soon…
1Opinion of the Court
Cullen, Ch. J.
I agree with Judge Vann that the provision of the statute (2 R. S. 66, § 52) applies to a case where a legacy is given to a person dead at the time of making the will. Indeed, I find but two jurisdictions, Rhode Island and Maryland, in which a contrary rule obtains. (Almy v. Jones, 17 R. I. 265; Billingsley v. Tongue, 9 Md. 575.) But the question remains whether the will of the testator did give the mother of the plaintiff a legacy, and this is the real question in this case; that is to say, whether the gift to the testator’s children included a child deceased before making the…
2Cases cited12 opinions
- Guitar v. GordonSupreme Court of Missouri · 1853
- Cheney v. SelmanSupreme Court of Georgia · 1883
- Downing v. NicholsonSupreme Court of Iowa · 1902
- Jamison v. HaySupreme Court of Missouri · 1870
- Wildberger v. Cheek's Ex'orSupreme Court of Virginia · 1897
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3Cited by66 opinions
- In Re the Accounting of MullerNew York Court of Appeals · 1929
- Anderson v. WilsonSupreme Court of Iowa · 1912
- Bartlett v. TerrellCourt of Appeals of Texas · 1927
- In Re the Probate of the Will of TurnerNew York Court of Appeals · 1913
- In re the Accounting of KeoghAppellate Division of the Supreme Court of the State of New York · 1908
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