Legal Opinion

Howland v. . Clendenin

New York Court of Appeals

Decided October 1, 1892PublishedCited by 16 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order ‘made March -14, 1890, which modified and, as modified, affirmed a judgment entered on the decision of the court at Special Term. This action was "brought to obtain a construction of the twenty-first clause of the will of Gardiner S. Howland, deceased, which clause and the facts, so far as material, are set forth in the opinion.

1Opinion of the Court

Follett, Ch. J.

Gardiner G. Howland died November 9, 1851, leaving a widow, five sons, four daughters and four grandchildren, the children of his deceased daughter Abbey Woolsey Wolcott. He left a last will and testament which contains this clause:

“Twenty-first. All and singular the rest, residue and remainder of my estate and property, both real and personal, whatsoever and wheresoever, I do hereby devise and bequeath unto my eight beloved children, that is to say: William Edgar Howland, Annabella Edgar Howland, Abbey Woolsey How-land, Robert Shaw Howland, Maria Louise Howland, Rebecca Brien…

2Cases cited2 opinions

  1. Brewster v. . StrikerNew York Court of Appeals · 1848
  2. Wood v. KeyesNew York Court of Chancery · 1840

3Cited by16 opinions

  1. American Nat. Bank of Stigler v. FunkSupreme Court of Oklahoma · 1918
  2. In re the Estate of WatsonNew York Surrogate's Court · 1932
  3. In re the Construction of the Will of ThompsonAppellate Division of the Supreme Court of the State of New York · 1948
  4. Grinnell v. HowlandNew York Supreme Court · 1906
  5. Van Nostrand v. MarvinAppellate Division of the Supreme Court of the State of New York · 1897

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